McAuley v. Orr.
Supreme Court of South Carolina
Before W. A. Holman, special Judge, Action by Francis M. McAuley and others against A. E. Orr and others. From an order granting plaintiff’s motion to amend, and denying defendant’s motion to dismiss for • want of prosecution and laches-, defendants appeal.
Read the full summary
Before W. A. Holman, special Judge, Action by Francis M. McAuley and others against A. E. Orr and others. From an order granting plaintiff’s motion to amend, and denying defendant’s motion to dismiss for • want of prosecution and laches-, defendants appeal. The order appealed from was as follows-: The plaintiffs, made a motion before the Court at York-ville, during the term held in July, 1913, to mend their complaint, and for leave to- serve a supplemental complaint; the defendants resisted the relief demanded, on the ground o-f long delay and unreasonable neglect on the p-art of the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This action was originally commenced by service of summons and complaint on defendants on March 4, 1889. The original parties to the action were W. E. Dickey, D. D. Chambers and Marietta Cornwell, plaintiffs, and A. E. Orr, William A. Orr, “Sis” Orr, and E. H. Barber and W. P. Ferguson, as executors of the estate of John Dickey,' deceased, defendants. All of the defendants were at that time minors, of tender age, except A. E. Orr, but were properly served, but no guardian ad litem was appointed to' represent them, and it does not…
2Cases cited4 opinions
- Babb v. SullivanSupreme Court of South Carolina · 1895
- Wagner v. SandersSupreme Court of South Carolina · 1901
- Ex Parte BakerSupreme Court of South Carolina · 1903
- Person v. FortSupreme Court of South Carolina · 1902
3Cited by6 opinions
- Bell v. MackeySupreme Court of South Carolina · 1939
- Baker v. DeichmanSupreme Court of Oklahoma · 1939
- Cook v. KnightSupreme Court of South Carolina · 1917
- Stribling v. FretwellSupreme Court of South Carolina · 1930
- White v. HarbySupreme Court of South Carolina · 1935
1 more not listed; retrieve them via the Exa API.