Southern Nat'l Bank v. Farmington Corp.
Supreme Court of South Carolina
Before Hon. F. B. Gary and Prince, JJ., Winnsboro, April and September, 1913. Two separate actions brought by the Southern National Bank against Farmington Corporation and others, for foreclosure of mortgages, and asking an accounting.
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Before Hon. F. B. Gary and Prince, JJ., Winnsboro, April and September, 1913. Two separate actions brought by the Southern National Bank against Farmington Corporation and others, for foreclosure of mortgages, and asking an accounting. The facts are stated in the opinions. sumbits: S. d. 6, sec. 23, was an amendment to a section relating to time of holding Court, and merely directory, and not intended to repeal 'sec. 331, and should be liberally construed with a view to the effective administration of justice: 36 Cyc. 1110, 1111, 1157, 1158, 1161, 1188; 67 S. C. 318. Reference in matters of…
1DissentJustice Hydrick
These actions were brought to foreclose mortgages of real and personal property. On motion of plaintiff, against the objection' of defendant, his Plonor, Frank B. Gary, granted an order of reference in each case, directing the referee to take the testimony and report his findings and conclusions, and providing that the case should be 'heard upon such report and any exceptions which might be taken thereto by the parties. From these orders, the defendants appealed. While the appeals were pending in this Circuit, the referee proceeded with the references against the objection of the defendants,…
2Cases cited14 opinions
- Alston v. LimehouseSupreme Court of South Carolina · 1901
- McLaurin v. HodgesSupreme Court of South Carolina · 1895
- State v. HertzogSupreme Court of South Carolina · 1912
- Alston v. LimehouseSupreme Court of South Carolina · 1901
- Brickman v. Southern RailwaySupreme Court of South Carolina · 1906
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