Legal Opinion

Muckenfuss v. Fishburne

Supreme Court of South Carolina

Decided April 7, 1903PublishedCited by 5 opinions

Before Townsend, J., Dorchester, March, 1902. Foreclosure by Harriet E. Muckenfuss against Helen M. Fishburne and Sophia F. S. Marion. From order recommitting case with instructions, defendants appeal'. cite: Order is not appealable: 21 S. C., 371; 3 S. C., 417; 25 S. C., 41; 33 S. C., 100; 58 S. C., 463. Judge may hear case and render decision after adjournment: 21 S. C., H; 55 S. C., 379.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

This is an appeal from an order of Judge Townsend, dated March 13th, 1902, referring it to the master to take and report testimony in addition to the testimony previously taken and reported pursuant to an order of Judge Aldrich, dated February 13, 1901.

1 An order referring or recommitting a cause to the master to take and report testimony is addressed to the discretion of the Court as matter of administration, for the purpose of preparing for and speeding a hearing of the cause upon its merits. It determines no rights or issues, does…

2Cases cited4 opinions

  1. Ferguson v. HarrisonSupreme Court of South Carolina · 1891
  2. Simms v. PhillipsSupreme Court of South Carolina · 1896
  3. Bank of Hampton v. FennellSupreme Court of South Carolina · 1899
  4. Barnwell v. MarionSupreme Court of South Carolina · 1900

3Cited by5 opinions

  1. Muckenfuss v. FishburneSupreme Court of South Carolina · 1903
  2. McDaniel v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1907
  3. Brookshire v. Farmer's Alliance ExchangeSupreme Court of South Carolina · 1905
  4. Davidson v. CopelandSupreme Court of South Carolina · 1904
  5. Jones v. Haile Gold Mining Co.Supreme Court of South Carolina · 1908

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