McGahan & Co. v. Lockett, Vaughn & Co.
Supreme Court of South Carolina
Before Buchanan, J., Charleston, April, 1898. Action by McGahan & Co. v. Lockett, Vaughan & Co., J. O. Griffin and others. From order overruling demurrer to answer, plaintiffs and defendants, except Griffin, appeal. 12 Rich., 518; 41 S. C, 177; 43 S. C, 242; Rich. Ch. Cases, 315; 4 Bro. Ch. 66. Text book citations on main question. There is no waiver of homestead: Rev. Stat., 2130.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
There is a single question presented by this appeal — was the Circuit Judge in error in overruling the demurrer of defendants to the answer of their codefendnat, J. O. Griffin, because it failed to state facts sufficient to constitute a defense? To apprehend the contention a brief recital of the facts set up in the pleadings will be necessary. The complaint sets forth, substantially,'that one J. O. Griffin had a policy for $2,400 on his stock of goods at Ulmer, S. C., which were destroyed by fire, and being indebted to the firm of T.…
2Cited by3 opinions
- Loan & Savings Bank v. Farmers & Merchants BankSupreme Court of South Carolina · 1906
- Loan & Savings Bank v. Farmers & Merchants BankSupreme Court of South Carolina · 1906
- Spear v. Board of Public WorksSupreme Court of South Carolina · 1914