Odom v. Newton
Supreme Court of South Carolina
Before Dantzrer, J., Marlboro, January, 1908. Action by Sarius M. Odom, executor of Lucy Ellen Odom, against R. L. Newton and T. M. Newton, executors of Younger S. Newton and Mary Frances Terry. From order permitting plaintiff to file exceptions to referee’s report out of time, defendants appeal. cite: 50 S. C., 403; 53 S. C., 231; 36 S. C., 578; 71 S. C., 512. cite: 71 S. C., 512, 76 S. C., 566.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The referee filed his report in this case on January 19, 1907, and notice of said filing was served by the attorneys for defendants upon plaintiff’s attorney on June 29, 1907. On July 1, 1907, an agreement was made between counsel, extending the time for serving exceptions by either side until August 1, '1907. There was no attempt made to serve exceptions until eighth November, 1907, when plaintiff’s counsel delivered to defendants’ counsel exceptions to said report, which the latter refused to receive because not filed in time. On…
2Cases cited2 opinions
- Exchange Bank v. McMillanSupreme Court of South Carolina · 1907
- Brown v. RogersSupreme Court of South Carolina · 1905
3Cited by1 opinion
- Roberts v. DraytonSupreme Court of South Carolina · 1922