Bank of Williston v. Alderman
Supreme Court of South Carolina
Before Rice, J., Aiken, August, 1916. Action by the Bank of Williston against Owen Alderman and another. Defendants appeal from an order of reference granted upon plaintiff’s motion, on the ground that he is entitled to a jury trial. cite: As to character of action: 100 S. C. 158, 159; Minor (Ala.) 75; 4 Harr. 170; 28 Ga. 242; 46 Am. Dec. 655; 6 Am. Dec. 86; 45 N. H. 482; 55 Am. St. Rep. 878; 27‘ Cyc. 866; Kerr Fraud 407 to 409; 2 Pom. Eq. Juris. 839; Story Eq.
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Before Rice, J., Aiken, August, 1916. Action by the Bank of Williston against Owen Alderman and another. Defendants appeal from an order of reference granted upon plaintiff’s motion, on the ground that he is entitled to a jury trial. cite: As to character of action: 100 S. C. 158, 159; Minor (Ala.) 75; 4 Harr. 170; 28 Ga. 242; 46 Am. Dec. 655; 6 Am. Dec. 86; 45 N. H. 482; 55 Am. St. Rep. 878; 27‘ Cyc. 866; Kerr Fraud 407 to 409; 2 Pom. Eq. Juris. 839; Story Eq. Juris. 105; 20 S. C. 489; Bail. Eq. 495; Dudley 261; 2 Bay 80; 22 Cyc. 766. Deceit: 9 Rich. 300. Right to jury trial: 20 S. C. 486;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. ChiER Justice Gary.
This is an appeal from an order of reference, on the ground that the appellant was entitled to a trial by jury.
The second paragraph of the complaint is as follows:
“That on the 24th day of July, 1915, the defendant, Owen Alderman, presented to the plaintiff, at its banking house, a certain check or draft, or warrant, drawn by the superintendent of the Atlantic Coast Line Relief Department, upon the treasurer of the Atlantic Coast Line Railroad Company, at Wilmington, N. C., in favor of Ina E. Alderman, for the sum of fifteen…
2Cases cited3 opinions
- The Mobley Co. v. McLucasSupreme Court of South Carolina · 1914
- Ex Parte LandrumSupreme Court of South Carolina · 1904
- Knobeloch v. Germania &c. BankSupreme Court of South Carolina · 1895
3Cited by19 opinions
- Bramlett v. YoungSupreme Court of South Carolina · 1956
- Lollis v. LollisSupreme Court of South Carolina · 1987
- All v. PrillamanSupreme Court of South Carolina · 1942
- McNinch v. . Trust Co.Supreme Court of North Carolina · 1922
- Newell Contracting Co. v. BlankenshipSupreme Court of South Carolina · 1924
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