Royal Exchange Assurance v. Bennettsville & Cheraw Railroad
Supreme Court of South Carolina
Before Shipp, J., Marlboro-, May, 1911. Two- cases (1) Royal Exchange Assurance of London, England, et al. against Bennettsville and Cheraw Railroad Company, and (2) Stuyvesant Insurance Company et al. against same defendant. Plaintiffs appeal.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Ci-iiEE Justice Gary.
These cases were heard together by consent, as they involve the same question.
The appeal is from an order of his Honor, the Circuit Judge, setting aside the service of the summons, on the ground that the complaint, which was not served with the summons, was not served upon the defendant’s attorneys within the time required by the statute, after they had demanded that a copy be served upon them.
The summons stated that the complaint would be filed in the office of the clerk of the Court of Common Pleas.
The record contains the…
2Cases cited3 opinions
- Craig v. United States Health & Accident Ins.Supreme Court of South Carolina · 1908
- Walters v. Laurens Cotton MillsSupreme Court of South Carolina · 1898
- State v. GandySupreme Court of South Carolina · 1911
3Cited by3 opinions
- Priester v. PriesterSupreme Court of South Carolina · 1925
- Town of Honea Path v. WrightSupreme Court of South Carolina · 1940
- Equilease Corp. v. WeathersSupreme Court of South Carolina · 1980