Rembert v. Rembert
Supreme Court of South Carolina
Before Watts, J., Sumter, Action by Christine E. Rembert against Edward E. Rembert. From order granting plaintiff temporary injunction, defendant apepals. cite: Plaintiff did not make out prima facie case: Harp. Eq., 144; 1 McC. Ch., 197; 22 Ency., 1294; 1 Green.
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Before Watts, J., Sumter, Action by Christine E. Rembert against Edward E. Rembert. From order granting plaintiff temporary injunction, defendant apepals. cite: Plaintiff did not make out prima facie case: Harp. Eq., 144; 1 McC. Ch., 197; 22 Ency., 1294; 1 Green. Ev., 10*9; 1 Stark on Ev., 544. Such order should not be made at chambers: Code of Proc., 307; 16 S. C., 618; 25 Stat., 10-55. Court should have required surety of plaintiff: 51 S. C., 379. The order is a taking without due process: 95 U. S., 418; 70 N. Y., 229. cite: The order is sustained by: 51 S-. C., 379; 80 S. C., 277.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. CitiEE Justice Jones.
This action, commenced August 31, 1908, is for alimony and separation. After answer a rule was issued requiring defendant to show cause why alimony and suit money should not be allowed, pending the litigation. Upon the verified complaint and supporting affidavits, and upon the verified answer, return and supporting affidavits, Judge Watts heard the motion at chambers, at Sumter Court House, on October 19, 1908. and on October 21, 1908, made and filed an order adjudging that defendant pay to plaintiff a monthly allowance of…
2Cases cited2 opinions
- Smith v. SmithSupreme Court of South Carolina · 1898
- Messervy v. MesservySupreme Court of South Carolina · 1908