Hood v. Edens
Supreme Court of South Carolina
Suit by James R. Hood against Charles S-Edens. From an order setting aside a temporary injunction, plaintiff appeals. submits: The temporary restraining order having been granted upon a proper prima facie showing, it was reversible error to dissolve it: 69 S. C. 156; 107 S. C. 40; 69 S. C. 56; 62 S. C. 196; 67 S. C. 84; 42 S. C. 103; 94 S. C. 202; 51 S. C. 435. The order dissolving the temporary injunction was in effect, an attempt to pass upon the merits and was, therefore,…
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Suit by James R. Hood against Charles S-Edens. From an order setting aside a temporary injunction, plaintiff appeals. submits: The temporary restraining order having been granted upon a proper prima facie showing, it was reversible error to dissolve it: 69 S. C. 156; 107 S. C. 40; 69 S. C. 56; 62 S. C. 196; 67 S. C. 84; 42 S. C. 103; 94 S. C. 202; 51 S. C. 435. The order dissolving the temporary injunction was in effect, an attempt to pass upon the merits and was, therefore, reversible error: Cl S. C. 94; 51 S. C. 435; 54 S. C. 473 ; 62 S. C. 195. A temporary restraining order should not be…
1Opinion of the Court
The opinion of the Court was delivered .by
Mr. Chief Justice Gary.
This is an appeal from an order setting aside a temporary-order of injunction. On the 25th day of' January, 1918, the plaintiff and the defendant entered into an agreement, in the presence of two subscribing witnesses, which contains these provisions:
“This indenture between James R. Hood, the lessor, and C. S. Edens, the lessee, witnesseth: That the lessor agrees to lease to the lessee about twenty acres cleared land, known as a portion of the Pine Grove place, for agricultural purposes, to hold the same to the lessee, from the…
2Cases cited5 opinions
- Marion County Lumber Co. v. Tilghman Lumber Co.Supreme Court of South Carolina · 1906
- Northwestern R. R. v. ColcloughSupreme Court of South Carolina · 1909
- Atlantic Coast Lumber Corp. v. E. P. Burton Lumber Co.Supreme Court of South Carolina · 1911
- Evans v. MayesSupreme Court of South Carolina · 1908
- Montague v. HoodSupreme Court of South Carolina · 1907
3Cited by3 opinions
- Hutton v. School CityIndiana Supreme Court · 1924
- Ogilvie v. SmithSupreme Court of South Carolina · 1949
- Queen v. SwinkSupreme Court of South Carolina · 1925