Gregory v. Perry
Supreme Court of South Carolina
Action by Joseph R. Gregory, clerk, as administrator of Wylie R. Duren, against Mary E. Perry, H. J. Beckham and Jane Gooch, heirs at law of James R. Massey, and Beckham, as his administrator.
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Action by Joseph R. Gregory, clerk, as administrator of Wylie R. Duren, against Mary E. Perry, H. J. Beckham and Jane Gooch, heirs at law of James R. Massey, and Beckham, as his administrator. From order on Circuit, defendant appeals. cite: Order of Judge Gage, erroneous and void: 36 S. C., 563; 19 S. C., 286; 27 S. C., 24. Order of Judge Aldrich is appealable: 43 S. C., 187. Complaint states cause of action cognisable in equity: 2 Hill Ch., 257; Rice Ch., 239; 2 S. C., 148; 40 S. C., 257; 66 S. C., 322; 43 S. C., 192; 53 S. C., 130. Defendants not entitled to trial by jury: Code, 274; 5 S.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
Statement of facts. — This is an appeal from the order of his Honor, Judge Gage, refusing a reference to take the testimony, and from an order of his Honor, Judge Aldrich, refusing to strike the case from calendar 1, on the ground that there are certain legal issues triable as of right by a jury. The complaint alleges, “that this action is brought for the benefit of the plaintiff, as ad ministrator of Wylie R. Duren, deceased, especially, and all other creditors of the said James R. Massey, deceased, who are willing to come in and…
2Cited by8 opinions
- Fludd v. Equitable Life Assurance Society of the United StatesSupreme Court of South Carolina · 1906
- Pratt v. TimmermanSupreme Court of South Carolina · 1904
- The Mobley Co. v. McLucasSupreme Court of South Carolina · 1914
- Sloan v. BurnettSupreme Court of South Carolina · 1929
- Shute v. ShuteSupreme Court of South Carolina · 1908
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