Roberts v. Johns
Supreme Court of South Carolina
Before Pressley, J., Oconee, October, 1879. Hon. J. H. Hudson, judge of the Fourth Circuit, sat at the hearing of this appeal, in the place of Associate Justice McGowan, who had been of counsel in the case. Action by M. J. Roberts and W. O. Johns, as administrators of John B. Johns, deceased, and by Lila B. Johns against James A. Johns, administrator of James Johns, deceased, and Samuel H. Johns. On demurrer, it was held that Lila B. Johns was improperly joined.
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Before Pressley, J., Oconee, October, 1879. Hon. J. H. Hudson, judge of the Fourth Circuit, sat at the hearing of this appeal, in the place of Associate Justice McGowan, who had been of counsel in the case. Action by M. J. Roberts and W. O. Johns, as administrators of John B. Johns, deceased, and by Lila B. Johns against James A. Johns, administrator of James Johns, deceased, and Samuel H. Johns. On demurrer, it was held that Lila B. Johns was improperly joined. See Roberts v. Johns, 10 8. C. 101. The opinion states the case. The Circuit decree was as follows: James Johns died intestate in…
1Opinion of the Court
The opinion of the court was delivered by
Hudson, A. A. J.
In 1865, James A. Johns received letters of administration on the personal estate of James Johns, who died intestate in 1863, leaving as his heirs-at-law, his three sons, Samuel H. Johns, James A. Johns and John B. Johns. In 1864, John B. Johns died intestate, leaving as his heirs-at-law, his widow, M. Jane Johns, and infant- daughter, Lila B. Johns. In 1865, this widow became administratrix of his estate, and subsequently ~W. O. Johns joined her in the administration, to wit, in June, 1878, and has been joined as party plaintiff since…
2Cited by1 opinion
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