Trakas v. Mitchell
Supreme Court of South Carolina
Before Wilson, J., Spartanburg, Fall term, 1915. Action by N. S. Trakas and others, partners trading as N. S. Trakas & Company, against M. V. Mitchell and others.
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Before Wilson, J., Spartanburg, Fall term, 1915. Action by N. S. Trakas and others, partners trading as N. S. Trakas & Company, against M. V. Mitchell and others. From orders granting a temporary and a permanent injunction, the defendants appeal. submits: A defendant in possession cannot-he ousted by temporary injunction: 84 S. C. 39; 27 S. E. 408. As to errors in overruling the demurrer: Civil Code, sections 3501, 3508, 3509; 12 Rich. 49; 58 S. C. 145; 90 S. C. 50; 24 Cyc. 1352, 1353, note 41. A Court of equity cannot interfere and prevent the relief afforded by a statute of the State: 2…
1Dissent
No doubt, as a general rule, where a forfeiture is imposed by statute, equity cannot relieve against it. But this is not a case where the jurisdiction of equity to relieve against a forfeiture can be denied on that ground, because the forfeiture claimed is provided for only by the contract between the parties.
The statute invoked (section 3509, vol. I, Civil Code 1912) reads:
"In all cases where tenants hold over after the expiration of their lease or contract for rent, whether the same be in writing or by parol, or shall fail to pay the rent when the same shall become due, the landlord is…
2Cases cited2 opinions
- Prout v. RobySupreme Court of the United States · 1872
- Ross Tin Mine v. Cherokee Tin Mining Co.Supreme Court of South Carolina · 1916