Guaranty Trust Co. of S.C. v. Kibler
Supreme Court of South Carolina
Before Maurdin, J., Columbia, March, 1916. Action by the Guaranty Trust Company of South Carolina against R. Y. Kibler and others. Judgment for plaintiff, and defendant, Pearle Kibler, appeals.
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Before Maurdin, J., Columbia, March, 1916. Action by the Guaranty Trust Company of South Carolina against R. Y. Kibler and others. Judgment for plaintiff, and defendant, Pearle Kibler, appeals. The following is the complaint: The plaintiff above named, complaining of the defendants herein, alleges: For a first cause of action: (1) That the plaintiff is now, and was at the times hereinafter mentioned, a corporation duly chartered and organized under the laws of the State of South Carolina, and doing business in the city of Columbia, in said State. (2) That the defendants, R. Y. Kibler, Pearle…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice, Gage.
Action upon two negotiable instruments, payable to the plaintiff. The Circuit Court struck out the answers because they were esteemed “frivolous and sham,” and gave judgment against the defendants. Of the three defendants Mrs. Kibler alone has appealed from that order.
The pleadings ought to be reported. There was no' proof that the answer was sham, that is to say, that its pretended denials and its pretended new matter are untrue. The only issue to be decided, therefore, is this, Is the answer frivolous?
1 An answer is frivolous when…
2Cited by6 opinions
- Bank of Enoree v. YarboroughSupreme Court of South Carolina · 1922
- Union Guano Company v. GarrisonSupreme Court of South Carolina · 1924
- Read Phosphate Co. v. JenkinsSupreme Court of South Carolina · 1922
- Federal Intermediate Credit Bank v. Carolina Petroleum Co.Supreme Court of South Carolina · 1930
- Associated Seed Growers, Inc. v. South Carolina Packing Corp.Supreme Court of South Carolina · 1938
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