Whilden v. Chapman
Supreme Court of South Carolina
Before Gary, J., Charleston, June, 1907. Action by H. B. Whilden against Jos. P. Chapman and W. P. Murphy as copartners under name of Chapman-Murphy Company. Prom circuit order appointing receiver and continuing injunction, defendants, W. P. Murphy and S'. V. Murphy. Appeal. cite: Pendency of undetermined motion is bar to subsequent motion for same relief: 14 Ency.
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Before Gary, J., Charleston, June, 1907. Action by H. B. Whilden against Jos. P. Chapman and W. P. Murphy as copartners under name of Chapman-Murphy Company. Prom circuit order appointing receiver and continuing injunction, defendants, W. P. Murphy and S'. V. Murphy. Appeal. cite: Pendency of undetermined motion is bar to subsequent motion for same relief: 14 Ency. P. & P., 190'; Rule 61, C. C. Receiver should not be appointed in advance of showing of insolvency: 53 S'. C., 443; 27 S. C., 416; 18 S. C., 539; 1 S. C., 96; 33 S. C., 49'5, 538; 'Code of Proc., 265; 2& Ency., 1037-9; 17 Eincy. P.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The facts in this case are thus stated in the decree of the Circuit Judge, Hon. Ernest Gary,: “This matter comles before me on' a motion for the appointment of a receiver, and a counter motion for the setting aside of a temporary injunction issued by Hon. R. C. Watts, Circuit Judge, on the 23d day of March, 1907.
“It appears from’ the pleadings that upon the filing of the complaint a rule was issued, returnable before Judge Aldrich', at Charleston, on the day of June, 1906. Counsel for the defendant, W E. Murphy, filed hisi return to…
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