Latimer v. Sullivan
Supreme Court of South Carolina
Before Wallace, J., Greenville, March, 1891. This was an action by J. P. and J. H. Latimer, as executors of the will of Hewlett Sullivan, deceased, against John D. Sullivan. The opinion states the case.
1Opinion of the Court
The opinion of the court was delivered toy
Mr. Chief Justice McIver.
Tbis being the second appeal in this case, reference should be had to the case as reported in 30 S. C., Ill, for the purpose of ascertaining the nature of the case, and the points determined by the former appeal. When the case was remitted to the Circuit Court, plaintiffs, at March term, 1891, “without notice, moved to withdraw the cause of action set out in the first paragraph of the complaint. To this defendant’s counsel objected, on the grounds that plaintiffs could not discontinue without payment of costs, and that the…
2Cited by3 opinions
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