Legal Opinion

Central National Bank v. Duncan

Supreme Court of South Carolina

Decided February 9, 1907No. 6430PublishedCited by 2 opinions

Action by Central National Bank against T. C. Duncan and others, on the following pleadings: “The plaintiff complaining, alleges: “1. That the plaintiff is, and was at the times hereinafter mentioned, a corporation duly chartered, organized and doing business under and by virtue of the laws of the United States of America. “2. That the defendants, D. D. Bishop and O. D. Johnson, are partners, trading under the firm- name of D. D. Bishop & Company.

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Action by Central National Bank against T. C. Duncan and others, on the following pleadings: “The plaintiff complaining, alleges: “1. That the plaintiff is, and was at the times hereinafter mentioned, a corporation duly chartered, organized and doing business under and by virtue of the laws of the United States of America. “2. That the defendants, D. D. Bishop and O. D. Johnson, are partners, trading under the firm- name of D. D. Bishop & Company. “3. That the defendants., T. C. Duncan, W. W. Duncan and Madora R. Duncan, were at the times hereinafter mentioned, owners of a lot or parcel of…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This is an appeal from an order of reference. When’ the plaintiff made a motion for an order of reference, the defendants resisted the same, on the ground that the action was, in reality, to> recover possession of real property, and that the. case should, therefore, be transferred to calendar 1 for a trial by jury. His Honor, the Circuit Judge, granted an order of reference to the master to report the testimony, whereupon the defendants appealed.

The order in effect denied the defendants a trial by jury, and the sole question is whether…

2Cited by2 opinions

  1. Wolf v. HayesSupreme Court of South Carolina · 1931
  2. Chisolm v. PryorSupreme Court of South Carolina · 1945

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