Evans v. Mayes
Supreme Court of South Carolina
Appeal by W. M. Mayes and Lizzie Stewart from two orders of injunction issued by Mr. Chief Justice Pope on May 18, 1907, and August 6, 1907, in case of Barnard B. Evans against W. M. Mayes and Lizzie Stewart. cites: The injunction was improper because permanent and without notice: Code 1902, 240; 9 S. C., 303; 37 S. C., 337; 7 S. C., 235. It should not be used to take property from one and give it to another: 27 S. C., 415. Plaintiff has ample remedy at lazv: 10 Ency.
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Appeal by W. M. Mayes and Lizzie Stewart from two orders of injunction issued by Mr. Chief Justice Pope on May 18, 1907, and August 6, 1907, in case of Barnard B. Evans against W. M. Mayes and Lizzie Stewart. cites: The injunction was improper because permanent and without notice: Code 1902, 240; 9 S. C., 303; 37 S. C., 337; 7 S. C., 235. It should not be used to take property from one and give it to another: 27 S. C., 415. Plaintiff has ample remedy at lazv: 10 Ency. P. & P., 952, 953, 964; Code 1902, 2435* Order should not be granted on unverified complaint: 37 S. C., 337; Code 1902, 178.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The following statement of facts appear in the record: “On December 5, 1906, W. M. Mayes instituted proceeding's under sec. 2423 of Code 1902, vol. I, to dispossess B. B. Evans of the premises occupied by him as a tenant, alleging that he was in arrears for rent due for October and November, 1906; that he was a tenant by the month; that he had notice to quit the premises, and that he was holding over after such notice to quit, contrary to law. Upon issue joined before a jury on rule issued by Magistrate J. H. Etheredge, a verdict for…
2Cases cited1 opinion
- Pelzer, Rodgers & Co. v. HughesSupreme Court of South Carolina · 1887
3Cited by2 opinions
- Hood v. EdensSupreme Court of South Carolina · 1919
- Queen v. SwinkSupreme Court of South Carolina · 1925