Legal Opinion

Brock v. Southern Railway Co.

Supreme Court of South Carolina

Decided September 3, 1895PublishedCited by 6 opinions

Before Watts, J., Greenville, November, 1894. Action by L. A. and T. H. Brock against Southern Bailway Company and J. F. Burgiss.

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Before Watts, J., Greenville, November, 1894. Action by L. A. and T. H. Brock against Southern Bailway Company and J. F. Burgiss. From an order of interpleader, obtained by the railway company, the plaintiffs appealed, alleging error to the Circuit Judge in his order upon six grounds: “1. That this being motion for order of interpleader, in action already brought and pending, under section 143 of the Code, the defendant, Southern Bailway Company, could not avail itself of said motion except ‘before answer, upon affidavit that a person, not a party to the action, makes a demand for the same…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Chiee Justice MoIyer.

The plaintiffs brought this action to recover the possession of ten bales of cotton in the possession of the Southern Railway Company, and damages for the detention thereof, to which the defendant, James F. Burgiss, was made a party, as claiming some interest in the said cotton. Omitting the allegations of the partnership character of the plaintiffs and the corporate character of the defendant company, the allegations of the complaint may be stated substantially as follows: 3. That the plaintiffs were the owners of and entitled…

2Cited by6 opinions

  1. Bell v. MackeySupreme Court of South Carolina · 1939
  2. Fidelity Fire Ins. Co. v. WindhamSupreme Court of South Carolina · 1926
  3. Frederick v. ChapmanSupreme Court of South Carolina · 1928
  4. Symmes v. GrahamSupreme Court of South Carolina · 1932
  5. American Mortg. Co. of Scotland, Ltd. v. HartzogU.S. Circuit Court for the District of South Carolina · 1896

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