Legal Opinion

Green v. McCarter

Supreme Court of South Carolina

Decided June 19, 1902PublishedCited by 8 opinions

Before Townsend, J., Greenville, September, 1901. Foreclosure by J. Tee Green' against Annie McCarter et al. From order granting reference of all issues on motion at chambers, defendants appeal. cite: Judge had no jurisdiction at chambers to pass the order: Rev. Stat., 2244, and citations. And such order was error: 25 S. C., 79; 34 S. C., 174; Code, 293. Action cannot be maintained against administrator within one year: Rev. Stat., 2322; 9 S. C., 430; 10 Rich.

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Before Townsend, J., Greenville, September, 1901. Foreclosure by J. Tee Green' against Annie McCarter et al. From order granting reference of all issues on motion at chambers, defendants appeal. cite: Judge had no jurisdiction at chambers to pass the order: Rev. Stat., 2244, and citations. And such order was error: 25 S. C., 79; 34 S. C., 174; Code, 293. Action cannot be maintained against administrator within one year: Rev. Stat., 2322; 9 S. C., 430; 10 Rich. Eq., 494; 23 Stat., 350; 21 Stat, 816; 22 Stat., 195. cite: This Court can review order alone and not oral utterances made by Judge at…

1Opinion of the Court

The opinion of the Court was delivered by .

Mr. Justice Gary.

This is an action to foreclose an equitable mortgage. On the 26th of July, 1901, his Honor, Judge Klugh, granted an order of reference to the master, to take the testimony and report the same to the Court, together with his conclusions of law and fact, and with leave to report any special matter. This order was made without notice to or the knowledge of def endants’ attorneys. As soon as said order was brought to their attention, they gave notice of motion for an order rescinding the order of reference, upon the ground that said…

2Cited by8 opinions

  1. Mitchell v. JosephCourt of Appeals for the Seventh Circuit · 1941
  2. Windham v. HowellSupreme Court of South Carolina · 1907
  3. Columbia Theological Seminary v. ArnetteSupreme Court of South Carolina · 1932
  4. Pratt v. TimmermanSupreme Court of South Carolina · 1904
  5. Mayfield v. BessingerSupreme Court of South Carolina · 1910

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