Legal Opinion

McKellar v. Stanton

Supreme Court of South Carolina

Decided April 23, 1916No. 9381PublishedCited by 2 opinions

Before Bowman, J., Bennettsville, August, , 1915. Action by P. A. McKellar, as trustee, against J. A. Stanton., Jr., and others, in their own right and as executors. From an order denying jury trial, defendants appeal. cite: 72 S. C. 463; 5 R. C. E., p. 1091, sec. 41; 44 S. C. 63. cites: As to fiduciary relationship: 94 S. C. 312; 100 S. C. 51; 75 S. C. 112; 46 S. C. 146; IS S. C. Eq. (Chev.) 189; 1 Corpus Juris. 621, sec. 68; 1 R. C. L. 224, sec. 26; 35 Am.

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Before Bowman, J., Bennettsville, August, , 1915. Action by P. A. McKellar, as trustee, against J. A. Stanton., Jr., and others, in their own right and as executors. From an order denying jury trial, defendants appeal. cite: 72 S. C. 463; 5 R. C. E., p. 1091, sec. 41; 44 S. C. 63. cites: As to fiduciary relationship: 94 S. C. 312; 100 S. C. 51; 75 S. C. 112; 46 S. C. 146; IS S. C. Eq. (Chev.) 189; 1 Corpus Juris. 621, sec. 68; 1 R. C. L. 224, sec. 26; 35 Am. St. Rep." 554; 155 Am. St. Rep. 156.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This is an appeal from an order of Judge Bowman refusing to declare the action to be one of law and to place it on Calendar 1 for trial by jury. But he retained the cause on Calendar 2, where it had been put by plaintiff’s counsel, and referred the cause to a special referee to hear and determine the same and report the same to the Court.

1 The only question raised by exceptions is whether the cause as raised by the pleadings is an action at law or in equity. It appears from the allegation of the complaint that the defendants were the…

2Cases cited3 opinions

  1. Black v. SimpsonSupreme Court of South Carolina · 1913
  2. Cobb v. GarlingtonSupreme Court of South Carolina · 1915
  3. Buist v. MelchersSupreme Court of South Carolina · 1895

3Cited by2 opinions

  1. Peeples v. HornikSupreme Court of South Carolina · 1929
  2. Dillon County v. Maryland Cas Co.Supreme Court of South Carolina · 1953

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