Legal Opinion

Avery v. Wilson

Supreme Court of South Carolina

Decided July 11, 1896PublishedCited by 9 opinions

Action by B. F. Avery & Sons, Tabb & Jenkins Hardware Co., Wm. A. Tottle and James W. Ramsey,' partners, etc., as Wm. A. Tottle & Co., The Hazzard Powder Co., Simmons Hardware Co., Standard Oil Co., and Supplee Hardware Co., against W. B. Wilson, Jr., (as assignee of John Gelzer,) John Gelzer, Julius J. Wescoat, Benjamin Greig, John V. McNamee and Paul W. Sanders, partners, etc., as Marshall, Wescoat & Co., and John R. Ancrum. ■ The following is so much of the Circuit decree…

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Action by B. F. Avery & Sons, Tabb & Jenkins Hardware Co., Wm. A. Tottle and James W. Ramsey,' partners, etc., as Wm. A. Tottle & Co., The Hazzard Powder Co., Simmons Hardware Co., Standard Oil Co., and Supplee Hardware Co., against W. B. Wilson, Jr., (as assignee of John Gelzer,) John Gelzer, Julius J. Wescoat, Benjamin Greig, John V. McNamee and Paul W. Sanders, partners, etc., as Marshall, Wescoat & Co., and John R. Ancrum. ■ The following is so much of the Circuit decree as is necessary to understand the questions involved: From all the evidence I conclude as matter of fact: 1. That John…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

The above entitled action was commenced in the Court of Common Pleas for York County on the 4th day of May, 1894, and was heard by his Honor, Judge Townsend, at the November (1895) term of said Court. All the testimon}'-, except that of John E. Ancrum, had been taken before his Honor, Judge Aldrich, at the November (1894) term of said Court, and *96it was published before his Honor, Judge Townsend, subject to admissibility under the exceptions made before both Judges. On the 16th of January, 1896, Judge Townsend filed his decree, which,…

2Cited by9 opinions

  1. Creech v. LongSupreme Court of South Carolina · 1905
  2. Marion County Lumber Co. v. Tilghman Lumber Co.Supreme Court of South Carolina · 1910
  3. Sparks v. GreenSupreme Court of South Carolina · 1904
  4. Marion, Receiver v. WestonSupreme Court of South Carolina · 1923
  5. PCS Nitrogen, Inc. v. Ross Development Corp.District Court, D. South Carolina · 2015

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