Dubose v. Kell
Supreme Court of South Carolina
Before MemmingRr, J., Chester, July, 1906. Motion in case of Sarah F. D’uBose, in her own right, and as admx. of Susan C. Kell against John A. Kell et al. From order refusing motion, defendants appeal. .Mr.
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Before MemmingRr, J., Chester, July, 1906. Motion in case of Sarah F. D’uBose, in her own right, and as admx. of Susan C. Kell against John A. Kell et al. From order refusing motion, defendants appeal. .Mr. Marion cites: As to right of defendants to have issue of title submitted to jury: 12 S. C., 108; 16 S. C., 333; 18 S. C., 232; 19 S. C., 286; 22 S. C„ 320; 23 S. C., 392; 25 S. C., 589, 72; 27 S. C., 418; 28 S. C., 533; 31 S. C., 265; 36 S. C.,.561; 52 S. C., 237; 6 Cyc., 287, 292; 6 Ency., 156; 24 Ency., 638, 639; 62 N. Y., 462, 467; 47 Miss., 402. Plaintiff could try the issue of fraud…
1Opinion of the Court
March 15, 1907. The opinion of the Court was delivered by This is the second appeal herein; the first is reported in 72 S.C. 208, 51 S.E., 692.
The cause having been docketed by the plaintiff on calendar 2, the defendants made a motion for an order transferring the cause to calendar 1, for the trial of the issue of title raised by the pleadings.
After setting forth his reasons, his Honor, the presiding Judge, in conclusion, said: "It seems to me that to transfer the cause to Calendar No. 1 at this stage of the case would be both cumbersome and premature, but that the cause should be heard first…
2Cases cited5 opinions
- Miller v. HughesSupreme Court of South Carolina · 1890
- Loan & Exchange Bank v. PeterkinSupreme Court of South Carolina · 1898
- Sires v. SiresSupreme Court of South Carolina · 1895
- Knox v. CampbellSupreme Court of South Carolina · 1898
- Dubose v. KellSupreme Court of South Carolina · 1905
3Cited by3 opinions
- Atlantic & Charlotte Air Line Ry. Co. v. Victor Mfg. Co.Supreme Court of South Carolina · 1908
- Whetstone v. DreherSupreme Court of South Carolina · 1927
- Beal v. DivineSupreme Court of South Carolina · 1913