Legal Opinion

Buist v. Williams

Supreme Court of South Carolina

Decided November 16, 1908No. 7052PublishedCited by 10 opinions

Before Míímminger, J., Barnwell, January, 1908. Action by C. S. Buist, in his own behalf and on hebalf of all other creditors, against Geo. W. Williams et al., as stockholders of the Merchants’ and Planters’ Bank of Black-ville. Fromi judgment for plaintiffs, defendants appeal. Messrs. Smythe, Lee & Frost cite: The amendment of the complaint by substituting a new party plaintiff was error: Code of Proc., 193, 194; 1 Ency.

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Before Míímminger, J., Barnwell, January, 1908. Action by C. S. Buist, in his own behalf and on hebalf of all other creditors, against Geo. W. Williams et al., as stockholders of the Merchants’ and Planters’ Bank of Black-ville. Fromi judgment for plaintiffs, defendants appeal. Messrs. Smythe, Lee & Frost cite: The amendment of the complaint by substituting a new party plaintiff was error: Code of Proc., 193, 194; 1 Ency. P. & P., 455-6; 46 At., 927; 24 S. E., 563; 30 So., 524; 62' Pac., 189; 51 Pac., 108; 1 McC., 182; 32 S. C., 142; 18 S. C., 305; 21 S. C„ 226; 28 S. C., 445; 57 S. C., 256;…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

The issues made by this appeal had their origin in an action instituted by C. S. Buist, on behalf of himself and all other creditors who might come in and contribute to the expenses of the action against the Merchants’ and- Planters’ Bank of Blackville, S. C. The complaint in that action alleged that the bank had become insolvent, owing the plaintiff and other depositors more than $10,000. The relief asked was “that an injunction be granted restraining the defendant from making any disposition of its assets; that a receiver be…

2Cases cited5 opinions

  1. Richmond v. IronsSupreme Court of the United States · 1887
  2. Parker v. Carolina Savings BankSupreme Court of South Carolina · 1898
  3. Park v. City of LaurensSupreme Court of South Carolina · 1904
  4. Sentell v. Southern Ry.Supreme Court of South Carolina · 1903
  5. Wagener & Co. v. MarsSupreme Court of South Carolina · 1887

3Cited by10 opinions

  1. Branchville Motor Co. v. AddenSupreme Court of South Carolina · 1930
  2. Fant, Examiner v. Easley Loan Trust Co.Supreme Court of South Carolina · 1933
  3. J. H. Wilkes & Co. v. ArthurSupreme Court of South Carolina · 1910
  4. Thames v. RouseSupreme Court of South Carolina · 1910
  5. Bain v. RogersSupreme Court of South Carolina · 1930

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