McCeery Land & Investment Co. v. Myers
Supreme Court of South Carolina
Before J. H. Hudson, special Judge, Richland, March, 1903. Action by McCreery Land and Investment Co-, against Jeremiah Myers et al. From, order refusing- reference and transferring case to- calendar 1 for trial of legal issues, plaintiff appeals. cite: As to trial of legal •and equitable issues: 11 Fncy. P. & P., 620; 18 S. C., 232; 22 S. C., 320; 16 S. C., 333; 21 S. C., 402; 33 S. C., 389; 44 S. C., 116; 54 S. C., 155; 24 S. C., 320; 52 S. C., 462; Code, 279; Po-m.
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Before J. H. Hudson, special Judge, Richland, March, 1903. Action by McCreery Land and Investment Co-, against Jeremiah Myers et al. From, order refusing- reference and transferring case to- calendar 1 for trial of legal issues, plaintiff appeals. cite: As to trial of legal •and equitable issues: 11 Fncy. P. & P., 620; 18 S. C., 232; 22 S. C., 320; 16 S. C., 333; 21 S. C., 402; 33 S. C., 389; 44 S. C., 116; 54 S. C., 155; 24 S. C., 320; 52 S. C., 462; Code, 279; Po-m. Code Rem-., sec. 86; 7 Fncy. P. & P., 810. Equity has jurisdiction to' settle confusion of boundaries: 4 Ency., 2 ed., 839,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The appeal in this case is from an order of the Circuit Court, Hon. J. H. Hudson, presiding as special Judg'e, transferring" the cause to calendar 1 for trial of issue of title by jury, the Court holding" that the complaint raised the question of title and that the whole case is a proper one for the jury. The exceptions are as follows:
“1. Because his Plonor held that the whole case was a proper one to' be passed upon and decided by a juiy, and so holding, overruled plaintiffs motion to refer, and ordered the cause transferred to…
2Cases cited3 opinions
- Griffin v. Southern Ry.Supreme Court of South Carolina · 1903
- Knox v. CampbellSupreme Court of South Carolina · 1898
- Archer v. LongSupreme Court of South Carolina · 1893
3Cited by7 opinions
- Uxbridge Co. v. PoppenheimSupreme Court of South Carolina · 1926
- Cooper River Timber Co. v. ConeSupreme Court of South Carolina · 1936
- Whetstone v. DreherSupreme Court of South Carolina · 1927
- Beal v. DivineSupreme Court of South Carolina · 1913
- Morris v. LambertSupreme Court of South Carolina · 1950
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