Legal Opinion · Dissent

Goodlett v. Goodlett

Supreme Court of South Carolina

Decided April 25, 1911No. 7875Published

Before Watts, J., Greenville, June, 1910. Action by Henry Ward Goodlett.et al. against Queen V. Goodlett et al. O. Mills Goodlett, committee of Henry Ward Goodlett, appeals from order of reference. cite: Order is without terms of notice, and error: 75 S. C. 235; 35 S. C. 419; 45 S. C. 465; 25 S. C. 496. This order deprives appellant of mode of trial to which he is entitled: 34 S. C. 172; 49 S. C. 423; 65 S. C. 458. cites: Court may adjudicate fees for lunatic's attorney:…

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Before Watts, J., Greenville, June, 1910. Action by Henry Ward Goodlett.et al. against Queen V. Goodlett et al. O. Mills Goodlett, committee of Henry Ward Goodlett, appeals from order of reference. cite: Order is without terms of notice, and error: 75 S. C. 235; 35 S. C. 419; 45 S. C. 465; 25 S. C. 496. This order deprives appellant of mode of trial to which he is entitled: 34 S. C. 172; 49 S. C. 423; 65 S. C. 458. cites: Court may adjudicate fees for lunatic's attorney: Adams’ Eq. 290; Story Eq. Pldgs., sec. 64; 53 S. C. 547; 41 S. C. 67; 32 S. C. 281. Such order is discretionary: 53 S. C.…

1Dissent

Mr. Justice Hydrick,

1 dissenting: I. think- the order appealed from was erroneous and should be reversed. -From the facts stated it appears that there had been three actions in the Circuit Court. For the sake of clearness, I state them in order: 1. An action by Henry Ward Goodlett against Queen V. Goodlett, his mother, and his brothers and sister, for partition. In this action the defendants answered and pleaded the plaintiff’s incapacity to sue. 2. An action by Queen V. Goodlett and the other children against Flenry Ward Goodlett, to have the defendant adjudged a- lunatic. In this action Mr.…

2Cases cited2 opinions

  1. Ex parte ApelerSupreme Court of South Carolina · 1892
  2. Bollman v. WamerSupreme Court of South Carolina · 1893

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