Equitable Surety Co. v. Illinois Surety Co.
Supreme Court of South Carolina
Before Shipp, J., Richland, Spring term, 19 — . Action by the Equitable Surety Company against the Illinois Surety Company, the United States Fidelity and Guaranty Company, and another. From an order overruling demurrer to the complaint, the United States Fidelity and Guaranty Company appeals.
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Before Shipp, J., Richland, Spring term, 19 — . Action by the Equitable Surety Company against the Illinois Surety Company, the United States Fidelity and Guaranty Company, and another. From an order overruling demurrer to the complaint, the United States Fidelity and Guaranty Company appeals. The sections of the Civil Code of 1912, directed to be reported, are as follows: Sec. 2724. Issuance of Policies by Foreign Surety Companies. — Any foreign company empowered by its home' charter to issue bonds or policies of suretyship may by the consent and approval of the Governor, Insurance…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This is an appeal from an order of Judge Shipp, overruling a demurrer interposed by the appellant to the complaint of the respondent.
1, 2 The defendant by exception 1 expressly and by other exceptions inferentially takes the position that the Court had no jurisdiction over the appellant, and, therefore, really has no jurisdiction in this cause. Under section 2724, vol. I, Code of Laws, this surety company (being a foreign company, and the law would be the same if it were a domestic company) could only do' business in this' State by…
2Cases cited5 opinions
- Carroll County Savings Bank v. StrotherSupreme Court of South Carolina · 1888
- Pollock v. B. & L. Ass'nSupreme Court of South Carolina · 1896
- Frink v. National Mutual Fire Ins.Supreme Court of South Carolina · 1912
- Fales & Jenks McH. Co. v. BrowningSupreme Court of South Carolina · 1903
- Garvin v. GarvinSupreme Court of South Carolina · 1887
3Cited by5 opinions
- Federico MacAroni Mfg. v. Great Western Fire Ins. Co.Supreme Court of Louisiana · 1931
- Nofal v. Lincoln Reserve Life Ins. Co.Supreme Court of South Carolina · 1934
- Boynton v. Consolidated Indemnity Ins. Co.Supreme Court of South Carolina · 1936
- Robertson v. Metropolitan Casualty Ins.District Court, W.D. South Carolina · 1936
- Equitable Surety Co. v. Illinois Surety Co.Supreme Court of South Carolina · 1919