State v. Fidelity & Deposit Co.
Supreme Court of South Carolina
Before Moore, J., Richland, October term, 1919. Action by the State of South Carolina against Fidelity & Deposit Company of Maryand and American Surety Company of New York. From order sustaining a demurrer as to the defendant, American Surety Company, the plaintiff appeals. cite: Stale was proper plaintiff and, not Greemvood county: Secs. 652, 663, 664, 667, I Civ.
Read the full summary
Before Moore, J., Richland, October term, 1919. Action by the State of South Carolina against Fidelity & Deposit Company of Maryand and American Surety Company of New York. From order sustaining a demurrer as to the defendant, American Surety Company, the plaintiff appeals. cite: Stale was proper plaintiff and, not Greemvood county: Secs. 652, 663, 664, 667, I Civ. Code 1912; sec. 162, Code Proc. 1912; 6 S. C. 119; 13 S. C. 430 ; 51 S. C. 134; 12 S. C. 130; 20 S. C. 528; 43 S. C. 66; 80 S. C. 466; 83 S. C. 530. Secs. p8g and 663 inconsistent, but both must be given all possible effect: 96 S-…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This is an action upon two official bonds given by J. B. McCombs to the State. The first, dated December 14, 1912, was to insure performance of his duties as county supervisor of Greenwood county for a term of four years. The second, dated December 16, 1916, was to insure performance of his duties as county road supervisor of said county for a like term. Fidelity & Deposit Company was surety on the first, and American Surety Company was surety on the second.
By an act approved March 6, 1916 (Act March 6, 1916 [29 St. at Large, p.…
2Cases cited2 opinions
- Wright v. WilloughbySupreme Court of South Carolina · 1908
- Lowry v. JacksonSupreme Court of South Carolina · 1887
3Cited by7 opinions
- Smalls v. WeedCourt of Appeals of South Carolina · 1987
- Cohen v. Maryland Casualty Co. of BaltimoreDistrict Court, E.D. South Carolina · 1925
- State v. Firemen's Insurance Co.Supreme Court of South Carolina · 1931
- McAlister v. Fidelity & Deposit Co.District Court, W.D. South Carolina · 1941
- Fleming v. McLureSupreme Court of South Carolina · 1933
2 more not listed; retrieve them via the Exa API.