Legal Opinion
Peacock, Hunt & West Co. v. Williams
U.S. Circuit Court for the District of South Carolina
Decided July 30, 1901PublishedCited by 2 opinions
At Law.
1Opinion of the Court
SIMONTON, Circuit Judge.
This case comes up on a motion by plaintiff for 'judgment as demanded in the complaint upon the ground that the answer, filed herein by defendant is frivolous. The motion has been heard by consent of all parties. It is based upon *916section 268 of the Code of Procedure, of South' Carolina., which is in these words:
“If a demurrer, answer or reply be frivolous, tbe party prejudiced thereby, upon a previous notice of five days, may apply to a judge of tbe court, either in or out of tbe court, for judgment thereon and judgment may be given accordingly.”
Rule 10 of this court…
2Cases cited10 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Grace v. American Central InsuranceSupreme Court of the United States · 1883
- Steamship Co. v. TugmanSupreme Court of the United States · 1882
- Muller v. DowsSupreme Court of the United States · 1876
- Ohio & Mississippi Railroad v. WheelerSupreme Court of the United States · 1862
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Reconstruction Finance Corporation v. KraussDistrict Court, D. New Jersey · 1935
- Manufacturers Finance Co. v. BoydSupreme Court of South Carolina · 1924