Hand v. Kelly
Supreme Court of South Carolina
Before Hon. C. J. Ramage, special Judge, Columbia, December, 1914. Action by Aileen Voight Hand against E. C. Kelly, individually and as administrator of the estate of Carrie Kelly, deceased.
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Before Hon. C. J. Ramage, special Judge, Columbia, December, 1914. Action by Aileen Voight Hand against E. C. Kelly, individually and as administrator of the estate of Carrie Kelly, deceased. The facts are thus stated by Mr. Chief Justice Gary: This action was commenced in the Court of probate for Richland county for the purpose of recovering judgment against the defendant, and for the purpose of selling the lands of the estate of Carrie Kelly, the deceased, in aid of assets. The action is against E. C. Kelly, individually and as administrator of the estate of Carrie Kelly, deceased. The…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
Ihave not been able to concur in the conclusions expressed by the Chief Justice and by Mr. Justice Fraser.
I think the complaint ought to be dismissed.
It is a matter of indifference that the plaintiff sued in the probate Court rather than in the Circuit Court. This action will not lie in either Court; the defendant could not get that which he demands in either of them.
1 The respondent’s initial objection, that the appeal is premature, is not tenable; the issue made involves the mode of trial, by the Court or by a jury; and that is…
2Cases cited5 opinions
- Brock v. KirkpatrickSupreme Court of South Carolina · 1901
- Wilson v. Township of YorkSupreme Court of South Carolina · 1895
- Ex parte ApelerSupreme Court of South Carolina · 1892
- Hughes v. KirkpatrickSupreme Court of South Carolina · 1892
- State v. MilamSupreme Court of South Carolina · 1903
3Cited by4 opinions
- McNair v. HowleSupreme Court of South Carolina · 1923
- Temple v. MontgomerySupreme Court of South Carolina · 1930
- Dorn v. StidhamSupreme Court of South Carolina · 1927
- Hundley Hudgens Co. v. WatsonSupreme Court of South Carolina · 1936