Gillian v. Gillian
Supreme Court of South Carolina
Before Youmans, special Judge, Saluda, May term, 1902. Action in claim and delivery by M. G. Gillian against James G. Gillian. From order refusing permission to demur to complaint after default and judgment for plaintiff,. defendant appeals. cites: Brror for Judge not to allow oral demurrer to complaint: 5 S. C., 10; 11 S. C., 409; 17 S. C., 412; 18 S. C., 495; 24 S. 0,, 34; 29 S. C., 64. Case could not go to fury on Calendar j: Code, 276, 283.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The facts of this case are thus stated in the argument of the appellant’s attorney: “This case is what is known as a claim and delivery. The summons, complaint and affidavit were served by the sheriff on the defendant-appellant, and the property taken into his custody on February 3, 1902. Two days later, defendant-appellant gave bond and took the property in question back into his custody. Afterward, on May 7, 1902, appellant by his attorney gave notice of his intention to move the Circuit Judge for permission to file an answer. This…
2Cited by11 opinions
- Cutliffe v. PryseSupreme Court of Georgia · 1938
- State v. StevensSupreme Court of North Carolina · 1956
- Duncan v. DuncanSupreme Court of South Carolina · 1913
- Gadsden v. Home Fertilizer & Chemical Co.Supreme Court of South Carolina · 1911
- Winesett v. WinesettSupreme Court of South Carolina · 1985
6 more not listed; retrieve them via the Exa API.