Pierce v. Marion County Lumber Co.
Supreme Court of South Carolina
Before Rice, J., Dillon, March, 1915. Action by J. B. Pierce against Marion County Lumber Company to recover damages for injuries to crops growing on lands in Dillon county caused by the alleged acts of defendant in obstructing a water course and thereby causing the waters to be backed upon said lands -and preventing their natural drainage.
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Before Rice, J., Dillon, March, 1915. Action by J. B. Pierce against Marion County Lumber Company to recover damages for injuries to crops growing on lands in Dillon county caused by the alleged acts of defendant in obstructing a water course and thereby causing the waters to be backed upon said lands -and preventing their natural drainage. From order changing the venue to Marion county, the place of defendant’s residence, on the ground that Dillon was not the proper county for trial, plaintiff appeals. cite: As to place for trial: Code Civ. Proc., sec. 172. The complaint alleges cause of…
1Opinion of the Court
The opinion of the Court was filed by
Mr. Chief Justice Gary.
This is an appeal from an order changing the place of trial from Dillon to Marion county, under sec. 172 of the Code which provides, that action for. the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated:
1. For the recovery of real property, or of an estate or interest therein, or for the determination in any form of such right or interest, and for injuries to real property.
The third and sixth paragraphs of the complaint are as follows:
3. “That during the latter part of…
2Cases cited4 opinions
- Bing v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1910
- Connor v. JohnsonSupreme Court of South Carolina · 1900
- Tittle v. KennedySupreme Court of South Carolina · 1905
- Henderson v. BennettSupreme Court of South Carolina · 1900
3Cited by5 opinions
- Battle v. DevaneSupreme Court of South Carolina · 1927
- Big Robin Farms v. California Spray-Chemical Corp.District Court, W.D. South Carolina · 1958
- First National Co. v. StrakSupreme Court of South Carolina · 1929
- Coastal Mall, Inc. v. AskinsSupreme Court of South Carolina · 1975
- Stuckey v. D. W. Alderman & Sons Co.Supreme Court of South Carolina · 1917