Legal Opinion

Kittles v. Williams

Supreme Court of South Carolina

Decided June 12, 1902PublishedCited by 5 opinions

Before Benet, J., Hampton, October, 1901. Action by H. R. Kittles against J. S. Williams and J. P. Williams & Co. From order overruling demurrer, defendant, J. S. Williams, appeals. cite: Allegations of complaint do not make such cloud as equity will remove: 3 Pom. Eq. Jur., sec. 1399; McM. Eq., 3451 4 S. C., 369; 32 S. C., 503; 41 S. C., 517; 28 S. C., 540; 2 McC. Ch., 23. Question of title is one of law and not equity: 6 Ency., 1 ed., 710; 14 Rich.

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Before Benet, J., Hampton, October, 1901. Action by H. R. Kittles against J. S. Williams and J. P. Williams & Co. From order overruling demurrer, defendant, J. S. Williams, appeals. cite: Allegations of complaint do not make such cloud as equity will remove: 3 Pom. Eq. Jur., sec. 1399; McM. Eq., 3451 4 S. C., 369; 32 S. C., 503; 41 S. C., 517; 28 S. C., 540; 2 McC. Ch., 23. Question of title is one of law and not equity: 6 Ency., 1 ed., 710; 14 Rich. Eq., 155. Court will not enjoin enforcement of void judgment: 15 Cal., 133 ; 6 Ency., 15713 Barb., 481; 2 N. Y., 123 ; 9 Paige, 3§9- cite:…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

As the appeal herein is from an order overruling a demurrer to the 'Complaint, on the ground that it did not state facts sufficient to constitute a cause of action, it will be necessary to refer to the complaint, which is as follows:

“The complaint of the above named plaintiff respectfully shows to this Court:
“I. That at the time herein mentioned, J. S. Williams and C. L. Chesnut were and still are partners in trade as J. P. Williams & Co.
“II. That on or about the 22d day of October, 1887, J. P. Williams & Co. in a foreclosure suit…

2Cited by5 opinions

  1. Donna Bertot v. School District No. 1, Albany County, Wyoming, Martha Sweeney v. School District No. 1, Albany County, WyomingCourt of Appeals for the Tenth Circuit · 1975
  2. Brown v. TrentSupreme Court of Oklahoma · 1912
  3. Trustees of the University of South Carolina v. Trustees of the Academy of ColumbiaSupreme Court of South Carolina · 1910
  4. Branyon v. SmithSupreme Court of South Carolina · 1930
  5. Ex Parte DarbySupreme Court of South Carolina · 1930

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