Pee Dee River Lumber Co. v. Fountain
Supreme Court of South Carolina
Before DeVorE, J., Darlington, November, 1910. Action by Pee Dee River Lumber 'Co. against W. D. Fountain. Defendant appeals. cites: Counterclaim should have been permitted here: 15 S. C. 462; 54 'S. C. 404. It was error to permit plaintiff to take a nonsuit: 82 S. C. 12; 87 'S. C. 367; 8'7 S. C. 469; 34 Cyc. 1509, 1590; 14 Cyc. 407; 109 Fed.
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Before DeVorE, J., Darlington, November, 1910. Action by Pee Dee River Lumber 'Co. against W. D. Fountain. Defendant appeals. cites: Counterclaim should have been permitted here: 15 S. C. 462; 54 'S. C. 404. It was error to permit plaintiff to take a nonsuit: 82 S. C. 12; 87 'S. C. 367; 8'7 S. C. 469; 34 Cyc. 1509, 1590; 14 Cyc. 407; 109 Fed. R. 353; 20 N. J. L. 261; 77 N. C. 126; 90 Cal. 215 ; 37 S. C. 281. cites: Damages caused by action for injunction cannot be set up as counterclaim: 30 S. C. 12'?’. No abuse of discretion in allowing discontinuance: 37 S. C. 120; 80 S. C. 459 ; 82 S. C.…
1Opinion of the Court
The opinion of the Court was delivered 'by
Mr. Chiee Justice Jones.
The plaintiff, a corporation organized under the laws of Delaware, brought this suit upon a complaint alleging two causes of action: first, for recovery of possession of about two hundred logs of ash, cypress and cotton wood belonging to plaintiff, of the alleged value of four hundred dollars, cut and lying upon a described tract of land in Darlington county on the Great Pee Dee River; second, alleging plaintiff’s ownership of all the timber upon the said tract of land; that defendant threatens to remove and is about to remove…
2Cases cited1 opinion
- Fouraker v. StateCourt of Appeals of Georgia · 1908
3Cited by8 opinions
- Bell v. Clinton Oil MillSupreme Court of South Carolina · 1924
- Ex Parte JonesSupreme Court of South Carolina · 1931
- Cunningham v. Independence InsuranceSupreme Court of South Carolina · 1937
- Prudential Ins. Co. of America v. StackCourt of Appeals for the Fourth Circuit · 1932
- Parnell v. PowellSupreme Court of South Carolina · 1939
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