Cauthen v. Cauthen
Supreme Court of South Carolina
Before Keugh, J., Lancaster, April 10, 1906. Action by W. B. Cauthen, as administrator, ■ and Arista Cauthen against Alexander Cauthen, Emma Cauthen et al. From Circuit decree, W. B. Cauthen appeals.
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Before Keugh, J., Lancaster, April 10, 1906. Action by W. B. Cauthen, as administrator, ■ and Arista Cauthen against Alexander Cauthen, Emma Cauthen et al. From Circuit decree, W. B. Cauthen appeals. Mr. R. B. Allison cites: Jury trial cannot he waived by conduct: 25 S- C., 73. Claim for professional services between parties sui juris rest on contract: 13 S. C., 445; 24 S. C., 238; 25 S. C., 193, 496; 36 S. C., 20; 43 S. C., 299; 25 E. R. A., 67. One Circuit Judge has no right to disregard or set aside an order made by another in same cause: 3 S. C., 438; 28 S. E., 476. cite: How attorneys…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
This action was originally brought by John M. Cauthen, as a creditor and heir at law of William B. Cauthen, deceased, to obtain a sale of the lands of the estate for the payment of his claim, and the distribution of the surplus proceeds of the sale among the heirs. The plaintiff died during the progress of the suit, leaving as his heirs, William B. Cauthen and Arista Cauthen; and by order of the Court of Common Pleas, William B.- Cauthen, who had become, administrator of John M. Cauthen’s estate, and Arista Cauthen were substituted as…
2Cases cited4 opinions
- Park v. City of LaurensSupreme Court of South Carolina · 1904
- Griffith v. CromleySupreme Court of South Carolina · 1900
- In Re Estate of Permelia BuggSupreme Court of South Carolina · 1905
- Wheeler v. AldermanSupreme Court of South Carolina · 1891
3Cited by5 opinions
- DePASS v. PIEDMONT INTERSTATE FAIR ASS’NSupreme Court of South Carolina · 1950
- Smith v. WardSupreme Court of Kansas · 1946
- Harter v. JohnstonSupreme Court of South Carolina · 1923
- O'Connor v. KeiserSupreme Court of South Carolina · 1910
- Foxworth v. Murchison National BankSupreme Court of South Carolina · 1926