Bank of Hampton v. Fennell
Supreme Court of South Carolina
Before Benet, J., Beaufort, January, 1899. Foreclosure by the Bank of Hampton against Rhoda L. Fennell and H. J. Addison.
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Before Benet, J., Beaufort, January, 1899. Foreclosure by the Bank of Hampton against Rhoda L. Fennell and H. J. Addison. From order of reference to take testimony on amounts due plaintiff and defendant, H. J. Addison, the defendant, Rhoda L. Fennell, appeals. cite: Did Judge have jurisdiction at chambers to pass the order? 45 S. C., 8; Rev. Stat., 2247; 47 S. C, 33. Judge cannot interfere with right of defendant to move for issues to be sent to jury in ten days after issue joined: Code, 274; 28 Rule of Circuit Court; 5 S. C, 412; 7 S. C, 77; 23 S. C, 14. cites: Any order may be made at…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This action was brought to foreclose a mortgage of real estate in Hampton County. On January 3th, 1899, the defendant, Rlio-da L. Fennell, filed an *380answer to the complaint,.in which she raised issues of fact. On-7th of January, 1899, the plaintiff’s attorney gave notice that he would make a motion before the presiding Judge, at his chambers, at Beaufort, S. C., on the nth of January, 1899, for an order referring it to the clerk of the Court to take testimony as to the amount due on the bonds and mortgages set out in the complaint and…
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