Farmers' Mutual Ins. Ass'n of Edgefield v. Berry
Supreme Court of South Carolina
Before Benet, J., Saluda, August, 1897. Action by the Farmers’ Mutual Insurance Association of Edgefield County, S. C., v. Mrs. Alice Berry, and all other defendants in like cases in said county.
Read the full summary
Before Benet, J., Saluda, August, 1897. Action by the Farmers’ Mutual Insurance Association of Edgefield County, S. C., v. Mrs. Alice Berry, and all other defendants in like cases in said county. From order refusing reference to take the testimony the plaintiff appeals. cite: Case purely equitable and triable by Court: Code, 274; 23 S. C., 13; 47 S. C., 453. Issues could only be sent to jury in one of three ways: Code, 274a, 270; 23 S. C., 370; 43 S. C., 264, 192; 22 S. C., 320; 37 S. C., 169. The order is ap-pealable: Harp. Eq., 67; 3 Strob. Eq., 37, 126; 7 Rich. Eq., 476; 4 Strob. Eq., 122;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The appeal in this case is from an order refusing to refer the same to the master for the purpose of taking testimony. The motion was refused on the ground “that the case involves issues of both an equitable and a legal nature, and that the legal issues should be tried by a jury.” The object of this action is to compel defendant to pay her alleged pro rata share of the expense and losses of the plaintiff association, pursuant to the charter of the association, and defendant’s contract, when she became a member thereof, and to this end…
2Cited by10 opinions
- Fludd v. Equitable Life Assurance Society of the United StatesSupreme Court of South Carolina · 1906
- Veazey v. City of DurhamSupreme Court of North Carolina · 1950
- People's Bank v. HelmsSupreme Court of South Carolina · 1927
- Pratt v. TimmermanSupreme Court of South Carolina · 1904
- The Mobley Co. v. McLucasSupreme Court of South Carolina · 1914
5 more not listed; retrieve them via the Exa API.