Taylor v. Dempsey
Supreme Court of South Carolina
Motion to set aside order of nonsuit in action by Catherine J. Taylor against Lydia A. Dempsey. The following is the affidavit of F. E. Dreher used before Judge Dantzler: “Personally comes F. E. Dreher, who on oath says: That he is a member of the law firm of Efird & Dreher, plaintiff’s attorneys in the above stated case.
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Motion to set aside order of nonsuit in action by Catherine J. Taylor against Lydia A. Dempsey. The following is the affidavit of F. E. Dreher used before Judge Dantzler: “Personally comes F. E. Dreher, who on oath says: That he is a member of the law firm of Efird & Dreher, plaintiff’s attorneys in the above stated case. That on the 13th day of February, 1902, he went with plaintiff’s sureties into 'the clerk of court’s office and announced to the clerk that plaintiff was ready to give security for costs in compliance with the terms of the order passed in said case on September 23, 1901, and…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Pope.
The questions presented by this appeal are two: first, whether under Rule X. of the Circuit Courts of this State, a security for costs must be governed by the said rule as it existed at the date of the order therefor, or by such rule as it existed at the date the said security for costs was given; and second, whether the security for costs as actually given, was a compliance with said rule. These questions grew out of the following circumstances : The plaintiff brought her action in the year 1899 to recover from the defendant a…
2Cases cited1 opinion
- Garrett v. NielSupreme Court of South Carolina · 1897