McCandless v. Mobley
Supreme Court of South Carolina
Before DantzrER, J., Chester, Spring- Term, 1907. Action.' by John McCandless, executor of Hamilton Mc-Candless, against D. M. Mobley and J. R. Hicklin. Prom judgment for plaintiff, he appeals. cite: The order refusing to strike out parts of the answer is now appealable: 74 S. C., 13; Code of Proc., 11, su'b. 1; 11 S. C., 122; 65 S. C., 226; Code of Proc., 170, sub. 2, 181; 60' S. C., 525. The matters struck out aire irrelevant or redundant: Pom.
Read the full summary
Before DantzrER, J., Chester, Spring- Term, 1907. Action.' by John McCandless, executor of Hamilton Mc-Candless, against D. M. Mobley and J. R. Hicklin. Prom judgment for plaintiff, he appeals. cite: The order refusing to strike out parts of the answer is now appealable: 74 S. C., 13; Code of Proc., 11, su'b. 1; 11 S. C., 122; 65 S. C., 226; Code of Proc., 170, sub. 2, 181; 60' S. C., 525. The matters struck out aire irrelevant or redundant: Pom. Code Rem., sec. 527; 73 S. C„ 29; 18 S, C., 473; Bliss on Code Plead., secs. 214, 423; Code of Proc., 163; 79 S. C., 312; 64 S. C., 513. Payment is…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
This action was brought on two promissory notes given by the defendants, to. Hamilton McCandless, plaintiff’s testator, one dated 22d January, 1900, due 1st December, 1900, for $250' and interest from date at the rate of seven- per cent., payable annually until paid in full; and the other, dated 18th February, 1901, due two years after date, for $176, with like provision for interest. On the first note the complaint alleged the only payment was $100, on 26th October, 1900. There was no dispute as to the payments on the second note.
The…
2Cases cited1 opinion
- Harbert v. Atlanta & Charlotte Air Line Ry.Supreme Court of South Carolina · 1906
3Cited by6 opinions
- Winchester v. United InsuranceSupreme Court of South Carolina · 1957
- Sparks v. D. M. Dew & Sons, Inc.Supreme Court of South Carolina · 1957
- Nettles v. NettlesSupreme Court of South Carolina · 1927
- Woodward v. WoodwardSupreme Court of South Carolina · 1910
- Claunch v. StateCourt of Criminal Appeals of Texas · 1917
1 more not listed; retrieve them via the Exa API.