Akers v. Rowan
Supreme Court of South Carolina
Before Norton, J., Richland, October, 1889. In this case the honorable W. H. Wallace, Judge of the Seventh Circuit, and the honorable I. D. Witherspoon, Judge of the Sixth Circuit, sat in the places of the Chief Justice and Mr. Justice McGowan, who were disqualified by reason of interest.
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Before Norton, J., Richland, October, 1889. In this case the honorable W. H. Wallace, Judge of the Seventh Circuit, and the honorable I. D. Witherspoon, Judge of the Sixth Circuit, sat in the places of the Chief Justice and Mr. Justice McGowan, who were disqualified by reason of interest. There were three actions: 1. Akers Brothers against S. W. Rowan, sheriff. 2. Robert W. Shand, assignee, against The Central National Bank. 3. Robert W. Shand, assignee, against S. W. Rowan, sheriff, The Central National Bank, and N. K. Fairbanks & Co. The master’s report was as follows : The three actions…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice MoIver.
There being no appeal from the judgment dismissing the complaint in the case first above stated, it may be dismissed from further consideration. It remains, therefore, only to consider the appeals in the other two cases.
It appears that one J. S. Robbins, who had for a year or more previous to the transactions here brought under review been engaged in the mercantile business in the city of Columbia, on the 2nd of September, 1886, made a general assignment for the benefit of his creditors to the plaintiff, Shand, in conformity to the…
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