Murchison v. Miller
Supreme Court of South Carolina
Before Gary, J., Richland, October, 1901. Motion by Mamet Murchison, executrix in same, against Minnie H. Miller, Robert N. Senn, Wm. H. Ryles and John 'S. Verner,. receiver, for writ of assistance against Minnie H. Miller and her husband, Jasper Miller. From order commanding writ to issue, Jasper Miller and wife appeal. cite: Judge at chambers has no jurisdiction of proceedings for contempt: 49- S. C., 226; Code, 304, 322; 47 S. C., 31; 4 Ency.
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Before Gary, J., Richland, October, 1901. Motion by Mamet Murchison, executrix in same, against Minnie H. Miller, Robert N. Senn, Wm. H. Ryles and John 'S. Verner,. receiver, for writ of assistance against Minnie H. Miller and her husband, Jasper Miller. From order commanding writ to issue, Jasper Miller and wife appeal. cite: Judge at chambers has no jurisdiction of proceedings for contempt: 49- S. C., 226; Code, 304, 322; 47 S. C., 31; 4 Ency. P. & P., 340. cites : Circuit Judge at chambers may issue writ of assistance: Rev. Stat, 2244; 1 Smith Ch. Pr., *447; 2 Ibid., *213; 4 Johns. Ch.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This is an appeal from an order of Judge Ernest Gary, made at chambers, granting a writ of assistance to put a purchaser at mortgage foreclosure sale into possession of the premises. The grounds upon which, the order was granted will appear by reference to the order, which is as follows:
“This matter came before me on a rule issued on the application of the plaintiff against the defendant, Mrs. Minnie H. Miller, and her husband, Jasper Miller, to show cause why they should not be attached for contempt of Court in refusing to yield up…
2Cited by4 opinions
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- Ex Parte QuallsSupreme Court of South Carolina · 1905
- Pates & Allen Co. v. BowenSupreme Court of South Carolina · 1916
- Miller v. OwensCourt of Appeals for the Fourth Circuit · 1913