Big Salkehatchie Cypress Co. v. Colleton Cypress Co.
Supreme Court of South Carolina
Before PeuriEoy, J., at chambers, Colleton, August 23, 1918. Action by the Big Salkehatchie Cypress Company, a corporation, against the Colleton Cypress Company, a corporation. From an order dissolving an interlocutory order of injunction, plaintiff appeals. Reversed, and supersedeas granted by a Justice of the Supreme Court, continued.
Read the full summary
Before PeuriEoy, J., at chambers, Colleton, August 23, 1918. Action by the Big Salkehatchie Cypress Company, a corporation, against the Colleton Cypress Company, a corporation. From an order dissolving an interlocutory order of injunction, plaintiff appeals. Reversed, and supersedeas granted by a Justice of the Supreme Court, continued. Mr. Lide cites: As to the right of appellant to an injunction restraining defendant from cutting and removing the timber on the land in question, pending a trial on the merits: 77 S. C. 81; 96 S. C. 53; 104 S. C. 381; 89 S. C. 143. Mr. Howell submits: The fact…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This is an appeal from an order of his Honor, Judge Peurifoy, dissolving an interlocutory order of injunction-granted by him. The primary question involved in the case as made by the exceptions is whether the plaintiff is entitled to an injunction restraining the defendant from'cutting and removing timber on the land in question pending a trial on the merits. This point is raised by the first five exceptions of the appellant. These exceptions must be suustained. The allegations of the pleadings and evidence submitted at the hearing…
2Cited by1 opinion
- Washington & Old Dominion Railway v. Westinghouse Electric & Manufacturing Co.Supreme Court of Virginia · 1917