Battle v. Cape Fear Lumber Co.
Supreme Court of South Carolina
Before Watts, J., Horry, March, 1904. Rule to show cause why defendants should not be adjudged in contempt on affidavit of James Battle, in re James Battle v. Cape Fear Lumber Co et al.
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Before Watts, J., Horry, March, 1904. Rule to show cause why defendants should not be adjudged in contempt on affidavit of James Battle, in re James Battle v. Cape Fear Lumber Co et al. From order adjudging it in contempt; the lumber company appeals. cite: This is a criminal contempt: 9 Cyc., 6; 49 S. C., 20b; 69 S. C., 567.’ Judge was without jurisdiction: Code of Proc., 21; 69 S. C., 288; 5 Thomp1. on Corp., sec. 6448. If return is sufficient, rule should be discharged: 9 Cyc., 44; 8 S. C., 390; 56 L. R. A., 465. This Court may hear such appeals and review findings below: Code of Proc., 11…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The facts are thus stated in the record: “This was a proceeding- against Cape Fear Lumber Company, and certain of its ag-ents and servants, issued by his Honor, Judg'e R. C. Watts, February 18, 1904, requiring Cape Fear Lumber Company and certain of its agents, to wit: Benjamin Tinch, W. O'. Dunbar, Henry-Martin, George Martin, Will Hammond, Arch Bullard, and.John F. Stevens, to show cause before him at Conway, S. C., on March 7, 1904, at 10 o’clock A. M., or as soon thereafter as counsel could be heard in open Court, if any they…
2Cases cited1 opinion
- Stepp v. National Life, &c., Ass'nSupreme Court of South Carolina · 1892
3Cited by2 opinions
- Jones v. ParkerSupreme Court of South Carolina · 1908
- Smith v. SmithSupreme Court of South Carolina · 1907