342 S.E.2d 617 Allen E. VAUGHAN, William A. Vaughan, Tom S. Bruce, and James R. Mann, Respondents v. James T. KALYVAS and Anne B. Kalyvas, Appellants. 0661Court of Appeals of South Carolina.Heard December 9, 1985. Decided March 24, 1986. Page 359 Henrietta U. Golding and Howell V. Bellamy, Jr., Bellamy, Rutenberg, Copeland, Epps, Gravely Bowers, […]
Category: South Carolina Court Opinions
WADE v. BROOKS, 306 S.C. 553 (Ct.App. 1992)
413 S.E.2d 333 Hazel WADE, Appellant v. R.A. BROOKS, Jr., as Personal Representative of the Estate of Nelson Edwards, Deceased, Respondent. 1751Court of Appeals of South Carolina.Heard November 12, 1991. Decided January 13, 1992. Rehearing Denied February 6, 1992. Henry Summerall, Jr., of Summerall Bailey, Aiken, for appellant. Dennis M. Gmerek, of Bell Surasky, Langley, […]
NOWLIN v. GENERAL TELEPHONE COMPANY, 314 S.C. 352 (1994)
444 S.E.2d 508 John NOWLIN, Petitioner, v. GENERAL TELEPHONE COMPANY, Respondent. 24076Supreme Court of South Carolina.Heard March 2, 1994 Decided May 23, 1994 Rehearing Denied June 30, 1994 Appeal From Williamsburg County Walter J. Bristow, Special Circuit Judge. Page 353 Alvin Hinkle, Columbia, for petitioner. D. Laurence McIntosh, Florence, for respondent. FINNEY, Justice: We granted […]
LIVE STOCK CO. v. CLEVELAND MFG. CO., 114 S.C. 186 (1920)
103 S.E. 516 SUMMERTON LIVE STOCK CO. v. CLEVELAND MFG. CO. ET AL. 10417Supreme Court of South Carolina. June 28, 1920. Before WILSON, J., Clarendon, December 27, 1917. Affirmed. Page 187 Action by the Summerton Live Stock Co. against the Cleveland Manufacturing Co. and W.M. Early. From judgment for plaintiff, both plaintiff and defendant appeal. […]
STATE v. GATLIN, 208 S.C. 414 (1946)
38 S.E.2d 238 STATE v. GATLIN. 15841Supreme Court of South Carolina. May 17, 1946. Page 415 Appeal from General Sessions Court, of Charleston County; W.H. Grimball, Judge. Louis C. Gatlin was convicted of rape, and he appeals. Judgment affirmed. Mr. D.R. Stack, of Charleston, for appellant. Solicitor Robert McC. Figg, Jr., of Charleston, cites: As […]
McCUTCHEON v. CHARLESTON CO.D.S.S., 302 S.C. 338 (Ct.App. 1990)
396 S.E.2d 115 Timothy Lane McCUTCHEON, Golda Mae McCutcheon, Bobby Ansel McCutcheon and Margaret Ann Wilson, Appellants, v. CHARLESTON COUNTY DEPARTMENT OF SOCIAL SERVICES, Justine Carole Tedrick and Richard Lee Moutz, Respondents. 1529Court of Appeals of South Carolina.Heard May 14, 1990. Decided August 6, 1990. Page 339 William C. Cleveland, and Edward D. Buckley, Charleston […]
STATE v. WILLIAMS, 305 S.C. 116 (1991)
406 S.E.2d 357 The STATE, Respondent v. Ronnie WILLIAMS, Appellant. Supreme Court of South Carolina. July 8, 1991. July 8, 1991. ORDER This case has been briefed under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Because of the apparent confusion which exists over how Anders cases are to be […]
GRAYDON v. GRAYDON et al., 150 S.C. 117 (1929)
147 S.E. 749 GRAYDON v. GRAYDON ET AL. 12636Supreme Court of South Carolina. April 9, 1929. Page 118 Before RICE, J., Richland, February, 1928. Affirmed. Habeas corpus proceeding by Ida Fripp Graydon against W.M. Graydon and another to determine custody of Floride Graydon, a daughter of the named parties. From the decree, petitioner appeals. The […]
SPROTT et al. v. SPROTT et al., 110 S.C. 438 (1918)
96 S.E. 617 SPROTT ET AL v. SPROTT ET AL. 10039Supreme Court of South Carolina. July 18, 1918. Before DeVORE, J., Clarendon, Spring term, 1916. Reversed and new trial granted. Suit by Sarah F. Sprott and others against Thomas Z. Sprott and others. Judgment for defendants, and plaintiffs appeal. The following is a copy of […]
MOORE v. GREENVILLE RESTAURANTS, INC., 287 S.C. 295 (Ct.App. 1985)
337 S.E.2d 892 Rose M. MOORE and Virginia T. Moore, Appellants, v. GREENVILLE RESTAURANTS, INC., a corporation, Respondent. 0587Court of Appeals of South Carolina.Heard October 16, 1985. Decided December 2, 1985. George F. Townes, of The Finley Law Firm, Pickens, for appellants. Robert C. Wilson, Greenville, for respondent. Heard Oct. 16, 1985. Decided Dec. 2, […]
PARDUE v. PARDUE, 167 S.C. 129 (1932)
166 S.E. 101 PARDUE v. PARDUE. 13483Supreme Court of South Carolina. October 5, 1932. Page 130 Before RAMAGE, J., Edgefield, January, 1931. Affirmed. Action by Mrs. Clara E. Pardue against W.A. Pardue. From a judgment for plaintiff, defendant appeals. Messrs. J.S. Bussey, Jr., Hendersons Salley and S.M. Smith, for appellant, cite: Reversible error to inject […]
STATE v. PORTEE, 278 S.C. 260 (1982)
294 S.E.2d 421 The STATE, Respondent, v. Arthur PORTEE, Appellant. 21776Supreme Court of South Carolina. August 10, 1982. Public Defender Laurel E. Caughman, Sumter, Appellate Defender John L. Sweeny and Asst. Appellate Defender Kathy D. Lindsay of S.C. Commission of Appellate Defense, Columbia for appellant. Atty. Gen. Daniel R. McLeod and Asst. Atty. Gen. Preston […]
D D LEASING CO. OF S.C. v. GENTRY, 298 S.C. 342 (1989)
380 S.E.2d 823 D D LEASING COMPANY OF SOUTH CAROLINA, INC., Respondent v. Carmen Eugene GENTRY, Petitioner. 23029Supreme Court of South Carolina.Heard April 5, 1989. Decided June 5, 1989. Page 343 J. Gregory Studemeyer, of Cooper, Coffas, Heizer, Studemeyer and Megna, P.A., Columbia, for petitioner. Grady L. Patterson, III, Columbia, for respondent. Heard April 5, […]
BEST v. DEASON et al., 126 S.C. 116 (1923)
119 S.E. 509 BEST v. DEASON ET AL. 11___Supreme Court of South Carolina. October 12, 1923. Before P.F. HENDERSON, SPECIAL JUDGE, Barnwell, December, 1922. Affirmed. Action by Martin C. Best against R.A. Deason and others. From an order sustaining a demurrer to the answer of A.P. Aldrich, and overruling a demurrer to the complaint, the […]
IN THE MATTER OF FRANKLIN, 352 S.C. 24 (2002)
572 S.E.2d 283 In the Matter of James A. Franklin, Jr., Respondent. Opinion No. 25550.Supreme Court of South Carolina.Submitted September 24, 2002. Filed October 28, 2002. DISBARRED Henry B. Richardson, Jr., Barbara M. Seymour, and Senior Assistant Attorney General Nathan Kaminski, Jr., all of Columbia, for the Office of Disciplinary Counsel. James A. Franklin, Jr., […]
SHEPPARD v. KIMBROUGH, 282 S.C. 348 (Ct.App. 1984)
318 S.E.2d 573 Stephen Paul SHEPPARD, Appellant, v. Edward S. KIMBROUGH, M.D., and Kathy Entzminger, R.N., Respondents. 0220Court of Appeals of South Carolina.Heard April 25, 1984. Decided July 23, 1984. Page 349 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 350 O. […]
HENSON v. WOLFE, 130 S.C. 273 (1924)
125 S.E. 293 HENSON ET AL. v. WOLFE. 11611Supreme Court of South Carolina. November 13, 1924. Before RICE, J., Anderson, October, 1923. Affirmed. In the matter of the appointment of S.M. Wolfe, as administrator, with will annexed, etc., of Lexius P. Henson, deceased. On petition of Hugh Henson and another, by Page 274 guardian ad […]
WILLIAMS v. S.C. FARM BUREAU MUT. INS. CO., 251 S.C. 464 (1968)
163 S.E.2d 212 C. O. WILLIAMS and M.D. ROBINSON, d/b/a Ocean View Motel, Respondents, v. SOUTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY and Mack A. HAMILTON, JR., of which South Carolina Farm Bureau Mutual Insurance Company is, Appellant. 18826Supreme Court of South Carolina. September 11, 1968. Page 465 Messrs. McCaskill Thompson, of Conway, and Weinberg […]
RICE v. S.C. DEPT. OF HWYS. AND TRANS., 277 S.C. 495 (1982)
289 S.E.2d 645 James F. RICE, Mrs. Ruby Ditmer (Mortgagee), and Standard Savings and Loan Association (Mortgagee), Appellants, v. SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, Respondent. 21675Supreme Court of South Carolina. March 18, 1982. Page 496 Timothy G. Quinn, Columbia, for appellants. Atty. Gen. Daniel R. McLeod and Asst. Atty. Gen. Keith M. […]
RE: AMENDMENTS TO THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE (S.C. 2004)
RE: Amendments to the South Carolina Rules of Civil Procedure. Supreme Court of South Carolina. March 22, 2004. NOTICE The attached amendments to the South Carolina Rules of Civil Procedure were submitted to the General Assembly on January 29, 2004. Unless disapproved in the manner provided by Article V, 4A, of the South Carolina Constitution, […]
MILLER v. FAIRFIELD COMMUNITIES, INC., 302 S.C. 518 (1990)
397 S.E.2d 377 Ronald H. MILLER and Jan Miller, Petitioners v. FAIRFIELD COMMUNITIES, INC., Joe Takacs and Bob Albertson, Respondents. 23284Supreme Court of South Carolina.Heard October 3, 1990. Decided October 22, 1990. Appeal from Certiorari to Common Pleas Court, Colleton County; Luke N. Brown, Jr., Judge. Allan R. Holmes, Gibbs Holmes, Charleston, for petitioners. Thomas […]
FENDER v. FENDER, 285 S.C. 260 (1985)
329 S.E.2d 430 Preston B. FENDER, Cecil Fender, Glennie L. Fender, Harold Fender, Russell Fender, Darthy D. Fender, Johnnie E. Fender, and Virginia F. Prevatte, Respondents, v. James E. FENDER, Appellant. 22291Supreme Court of South Carolina.Heard March 27, 1985. Decided April 22, 1985. Page 261 Wendell O. Adams, Walterboro, and James B. Richardson, Jr., Columbia, […]
FUTURE GROUP, II v. NATIONSBANK, 324 S.C. 89 (1996)
478 S.E.2d 45 FUTURE GROUP, II; Heffron Ingle, McDowell Cooper, Inc.; Michael Runey; and The Five R’s, a South Carolina Partnership, Respondents v. NATIONSBANK, Appellant. Opinion No. 24500Supreme Court of South Carolina.Heard May 4, 1995 Decided October 7, 1996 Rehearing Denied November 7, 1996 Appeal from Charleston County A. Victor Rawl, Judge. Affirmed in part; […]
STATE BOARD OF MEDICAL EXAMINERS v. GANDY, 248 S.C. 300 (1966)
149 S.E.2d 644 The STATE BOARD OF MEDICAL EXAMINERS, Respondent, v. William S. GANDY, M.D., Appellant. 18547Supreme Court of South Carolina. August 3, 1966. Page 301 Messrs. Wofford Snyder, for Greenville, for Appellant, cite: As to trial Judge erring in failing to hold that the Board of Medical Examiners deprived Appellant of due process in […]
STATE v. CROWE, 258 S.C. 258 (1972)
188 S.E.2d 379 The STATE, Respondent, v. Niles CROWE and Horace Wright, Jr., Appellants. 19404Supreme Court of South Carolina. April 21, 1972. Page 259 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 260 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]
JOHNSON v. RODDEY, 83 S.C. 462 (1909)
65 S.E. 626 JOHNSON v. RODDEY, MAYOR. 7295Supreme Court of South Carolina. October 5, 1909. Petition in the original jurisdiction of this Court by E. H. Johnson, Ira B. Dunlap and T.O. Flowers, as the board of commissioners of public works in the city of Rock Hill, for writ of mandamus against Jno. T. Roddey, […]
OSBORNE et al. v. VALLENTINE, 196 S.C. 90 (1941)
12 S.E.2d 856 OSBORNE ET AL. v. VALLENTINE. 15200Supreme Court of South Carolina. January 13, 1941. Page 91 Before BOWMAN, J., County Court, Orangeburg, July, 1940. Affirmed. Action by Mrs. Alice Pate Osborne and others against J.H. Vallentine to recover possession of realty and to cancel tax deed. From a judgment for plaintiffs, defendant appeals. […]
GOODWIN v. DAWKINS, 282 S.C. 40 (1984)
317 S.E.2d 449 James K. GOODWIN, Respondent, v. Evelyn Faye DAWKINS, Appellant. 22130Supreme Court of South Carolina. June 12, 1984. Page 41 Thomas K. Fowler, Jr., of John K. Koon, P.A., Columbia, for appellant. Thomas C. Mann, Columbia, for respondent. June 12, 1984. CURETON, Acting Associate Justice: This action involves the foreclosure of a mortgage […]
NEWMAN v. BROWN et al., 228 S.C. 472 (1955)
90 S.E.2d 649 MARGARET B. NEWMAN, Respondent, v. IRA E. BROWN and THE AMERICAN CASUALTY COMPANY, Appellants. 17096Supreme Court of South Carolina. December 15, 1955. Page 473 Messrs. Whaley McCutchen, and Hoover C. Blanton, of Columbia, for Appellants, cite: As to measure of damage in instant case, and the verdict being highly excessive: 128 S.C. […]
BUILDING AND LOAN ASSOCIATION v. McNALLY, 99 S.C. 324 (1914)
83 S.E. 867 THE UNION BUILDING LOAN ASSOCIATION v. McNALLY. 8977Supreme Court of South Carolina. November 6, 1914. Before SHIPP. J., Union, February, 1914. Affirmed. Action on bonds and mortgage by Union Building Loan Association. The master reported that there was due plaintiff by defendant, on the bonds and mortgage set out in the complaint, […]
IN THE MATTER OF BROWN (S.C. 2004)
In the Matter of F. Bryant Brown, Respondent. Supreme Court of South Carolina. December 31, 2004. ORDER JEAN H. TOAL, C.J. This Court issued a definite suspension of two years and disbarred respondent. In the Matter of Brown, Op. No. 25895 (S.C.Sup.Ct. filed November 8, 2004) (Shearouse Adv. Sh. No. 44 at 59). The Office […]
SURFSIDE DEV. CO. v. R. M. LUMBER CO., 231 S.C. 508 (1957)
99 S.E.2d 49 SURFSIDE DEVELOPMENT COMPANY, a corporation, Respondent, v. REYNOLDS and MANLEY LUMBER COMPANY, a corporation, and O’DELL POWELL, Defendants, of whom Reynolds and Manley Lumber Company is Appellant. 17327Supreme Court of South Carolina. July 16, 1957. Page 509 Messrs. Warren Warren, of Hampton, and McLaws Brennan, of Savannah, Georgia, for Appellant, cite: As […]
ALSTON v. CITY OF CAMDEN, 322 S.C. 39 (1996)
471 S.E.2d 174 Charles ALSTON, Jr., Fred Anderson, David Arledge, John Arledge (Retiree), Linda Barfield, Robert H. Berry, Wallace E. Berry, Shirley Boan, John Thomas Bowers, Jack Bradley, James Burkett, Tony Burns, Chris Carter, Barbara Cauthen, James Chambers, Jr., Bill Collins, Pat D’Alessio, Herman L. Davis, James Richard Davis, Sr., Matthew Sharpe Davis, Terry Drakeford, […]
SCALE COMPANY v. MERCANTILE COMPANY, 102 S.C. 419 (1915)
86 S.E. 1060 MONEYWEIGHT SCALE CO. v. GORDON MERCANTILE CO. 9223Supreme Court of South Carolina. October 28, 1915. Before SHIPP, J., Greenville, October, 1914. Affirmed. Action by Moneyweight Scale Co. against Gordon Mercantile Co. From order for nonsuit, plaintiff appeals. The Page 420 facts are stated in the opinion. The paper writing in question was […]
BARRY v. GREGORY, 110 S.C. 268 (1918)
96 S.E. 371 BARRY v. GREGORY. 10028Supreme Court of South Carolina. July 17, 1918. Before FRANK B. GARY, J., Chesterfield, Fall term, 1913. Reversed. Action by H.D. Barry against T.S. Gregory. Judgment for defendant, and plaintiff appeals. Page 269 Messrs. Hanna Hunley, for appellant, cite: As inadmissibility in evidence of a person not shown to […]
RE LAWYERS SUSPENDED BY THE SOUTH CAROLINA BAR (S.C. 3-11-2008)
RE: Lawyers Suspended by the South Carolina Bar. Supreme Court of South Carolina. March 11, 2008. The South Carolina Bar has furnished the attached list of lawyers who have been administratively suspended from the practice of law pursuant to Rule 419(b)(1), SCACR, since February 1, 2008. This list is being published pursuant to Rule 419(d)(1), […]
TWIGGS v. WILLIAMS, 98 S.C. 431 (1914)
82 S.E. 676 TWIGGS ET AL. v. WILLIAMS ET AL. 8924Supreme Court of South Carolina. August 26, 1914. Page 432 Action by A.J. Twiggs and J.D. Twiggs, partners under the firm name of A.J. Twiggs Son, against W.Z. Williams, W.A. Young and A.P. Cornell, partners, doing business under the firm name of W.Z. Williams Co., […]
BROWN et al. v. COUNTY BOARD OF EDUCATION, et al., 186 S.C. 325 (1938)
195 S.E. 642 BROWN ET AL. v. COUNTY BOARD OF EDUCATION FOR WILLIAMSBURG COUNTY ET AL. 14637Supreme Court of South Carolina. March 10, 1938. Page 326 Before STOLL, J., Williamsburg, November, 1937. Reversed and temporary restraining order revoked. Suit by S.T. Brown and others as trustees of Central School District No. 38 in Williamsburg County, […]
LEASING v. GOODWIN, 312 S.C. 122 (Ct.App. 1993)
439 S.E.2d 294 LEASING ENTERPRISES, INC., Appellant v. William C. GOODWIN, Jr., d/b/a Goodwin Lumber and Millwork Company, William C. Goodwin, Jr., and Helen Goodwin, Respondents. 2108Court of Appeals of South Carolina.Heard October 5, 1993 Decided December 13, 1993 Appeal from Richland County L. Henry McKellar, Circuit Court Judge Affirmed. Herbert E. Buhl, III, Columbia, […]
CANNON v. SLIGH (McLEOD, INTERVENER), 170 S.C. 45 (1933)
169 S.E. 712 CANNON v. SLIGH ET AL. (McLEOD, INTERVENER). 13627Supreme Court of South Carolina. April 26, 1933. Before STOLL, J., Darlington, June, 1932. Order affirmed, and title to the office of Clerk of Court for Darlington County adjudged to be in intervener. Petition for rehearing dismissed June 13, 1933. Action for injunction by J.E. […]
STATE v. WILLIAMS, 266 S.C. 325 (1976)
223 S.E.2d 38 The STATE, Respondent, v. Christine WILLIAMS et al., Appellants. 20186Supreme Court of South Carolina. March 10, 1976. Page 326 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 327 Roy T. Stuckey, Esq., of Columbia, for Appellants, cites:As to there […]
IN MATTER OF McBRATNEY (S.C. 2006)
In the Matter of James T. McBratney, Respondent. Supreme Court of South Carolina. January 6, 2006. ORDER Respondent was suspended on December 5, 2005, for a period of thirty (30) days. He has now filed an affidavit requesting reinstatement pursuant to Rule 32, of the Rules for Lawyer Disciplinary Enforcement contained in Rule 413, SCACR. […]
PATTERSON v. GOLDSMITH, 288 S.C. 551 (Ct.App. 1986)
343 S.E.2d 661 W.L. PATTERSON, Jr., a/k/a W.L. Patterson, Plaintiff v. Edward A. GOLDSMITH, Elza Jackson, and Emanuel Jackson, Defendants. Edward A. GOLDSMITH, Elza Jackson, and Emanuel Jackson, Third-Party Plaintiffs-Respondents v. COUNTY OF GREENVILLE, Third-Party Defendant-Appellant. 0704Court of Appeals of South Carolina.Submitted January 29, 1986. Decided May 12, 1986. Page 552 Greenville Co. Atty. Walter […]
STATE v. SCOTT, 303 S.C. 360 (Ct.App. 1991)
400 S.E.2d 784 The STATE, Respondent v. Clifton David SCOTT, Appellant. 1594Court of Appeals of South Carolina.Heard December 3, 1990. Decided January 7, 1991. Page 361 Assistant Appellate Defender Daniel T. Stacey of SC Office of Appellate Defense, Columbia, for appellant. Attorney Gen. T. Travis Medlock, Asst. Atty. Gen. Harold M. Coombs, Jr., and Norman […]
HUGGINS v. McFADDIN et al., 135 S.C. 409 (1926)
134 S.E. 35 HUGGINS v. McFADDIN ET AL. 12032Supreme Court of South Carolina. July 15, 1926. Before TOWNSEND, J., Clarendon, June, 1925. Affirmed. Action by John E. Huggins against W.D. McFaddin and others. Judgment for plaintiff and defendants appeal. Mr. Charlton Durant for appellants, cites: Action by assignee of chose in action is without prejudice […]
STATE v. McGUIRE, 272 S.C. 547 (1979)
253 S.E.2d 103 The STATE, Respondent, v. Daniel L. McGUIRE, Appellant. 20911Supreme Court of South Carolina. March 13, 1979. Page 548 Kerry W. Koon and O. Grady Query, Charleston, for appellant. Atty. Gen. Daniel R. McLeod and Asst. Atty. Gen. Brian P. Gibbes, Columbia, and Sol. Capers G. Barr, III, Charleston for respondent. March 13, […]
IN THE MATTER OF KOEPPEL, 279 S.C. 397 (1983)
308 S.E.2d 363 RE: In the Matter of Steven Lawrence KOEPPEL. Supreme Court of South Carolina. October 12, 1983. ORDER October 12, 1983. The records in the office of the Clerk of The Supreme Court show that, on May 14, 1979, Steven Lawrence Koeppel was admitted and enrolled as a member of the Bar of […]
WAYBURN v. SMITH, 263 S.C. 518 (1975)
211 S.E.2d 560 Mable T. WAYBURN, Appellant, v. James M. SMITH et al., Respondents. 19950Supreme Court of South Carolina. January 28, 1975. Messrs. Marchant, Bristow Bates, of Columbia, for Appellant, cite: As to the Defendants not being entitled to a jury trial as a matter of right: 232 S.C. 116, 101 S.E.2d 185; 197 S.C. […]
STATE v. MURRAY, 248 S.C. 473 (1966)
150 S.E.2d 920 The STATE, Respondent, v. Curtis MURRAY, Appellant. 18571Supreme Court of South Carolina. November 3, 1966. Thomas K. Johnstone, Jr., Esq., of Greenville, for Appellant, cites: As to admission into evidence of the summary of the Defendant’s statement without a proper foundation violating his right to equal protection and due process of law […]
ANDERSON COUNTY v. UTILITY COMM. OF EASLEY, 290 S.C. 85 (1986)
348 S.E.2d 359 ANDERSON COUNTY, South Carolina, Appellant v. The COMBINED UTILITY COMMISSION OF the CITY OF EASLEY, S.C. and the City of Easley, Respondents. 22598Supreme Court of South Carolina.Heard June 4, 1986. Decided July 21, 1986. Michael F. Mullinax, of Long, Thomason Mullinax, Anderson for appellant. Felix L. Finley, Jr., and George F. Townes, […]
JACKSON v. ATLANTIC SOFT DRINK CO., INC., 286 S.C. 577 (1985)
336 S.E.2d 13 Charles JACKSON and William P. Straughan, d/b/a Charles Jackson Exxon, Appellants, v. ATLANTIC SOFT DRINK COMPANY, INC., Respondent. 22389Supreme Court of South Carolina.Heard October 7, 1985. Decided October 23, 1985. Page 578 S. Jahue Moore of Kirkland, Taylor, Wilson, Moore, Allen Denee, West Columbia, for appellants. Elaine H. Fowler of Turner, Padget, […]
MATTER OF MUNDY, 326 S.C. 194 (1997)
485 S.E.2d 381 In the Matter of Steven E. Mundy, Respondent. Opinion No. 24619Supreme Court of South Carolina.Submitted April 7, 1997 Decided April 12, 1997 DISBARRED Steven E. Mundy, of Abbeville, pro se. Attorney General Charles Molony Condon and Senior Assistant Attorney General James G. Bogle, Jr., both of Columbia, for complainant. PER CURIAM. In […]
PORTER v. BROWN, 149 S.C. 151 (1929)
146 S.E. 810 PORTER v. BROWN ET AL. 12574Supreme Court of South Carolina. February 6, 1929. Before WHALEY, J., County Court, Richland, November, 1927. Reversed and remanded with directions. Action by F.S. Porter, Receiver of the New York Civic Opera Company, against F.L. Brown and another, partners doing business under the name of Brown Propst. […]
MARTHERS v. HURST, 226 S.C. 621 (1955)
86 S.E.2d 581 E.M. MARTHERS, Respondent, v. OTIS HURST, Appellant. 16984Supreme Court of South Carolina. March 21, 1955. Page 622 Messrs. Hemphill Hemphill, of Chester, for Appellant, cite: As to right of mortgagee of personal property to possession upon condition broken: 20 S.C. 17; 20 S.C. 514; 64 S.E. 410, 82 S.C. 500; 132 S.C. […]
YORK v. CONWAY FORD, INC., 325 S.C. 170 (1997)
480 S.E.2d 726 John M. York, Appellant v. Conway Ford, Inc., Respondent. Opinion No. 24564Supreme Court of South Carolina.Submitted December 5, 1996 Filed January 27, 1997 Appeal from Horry County, Sidney T. Floyd, Judge Affirmed in part; reversed in part. Page 171 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]
COE v. BURRELL, 136 S.C. 410 (1926)
134 S.E. 373 COE v. BURRELL. COE v. BURRELL ET AL. 12050Supreme Court of South Carolina. August 11, 1926. Page 411 Before FEATHERSTONE, J., Darlington, November, 1924. Affirmed. Two actions by J.G. Coe, one against Tom Burrell and the other against Tom Burrell and another, tried together. Judgment for plaintiff, and defendants appeal. The following […]
BOYLES v. WAGNER, 91 S.C. 183 (1912)
74 S.E. 380 BOYLES v. WAGNER. BOYLES v. SANDERS. 8168Supreme Court of South Carolina. March 30, 1912. Before PRINCE, J., Barnwell, April term, 1911. Affirmed. Two actions: (1) J.F. Boyles et al against F.W. Wagene et al.; (2) J.F. Boyles et al. against Mamie Sanders. Plaintiffs appeal. Messrs. R.C. Holman and B.M. Darlington, for appellants, […]
MATTHEWS v. CLARK et al., 105 S.C. 13 (1916)
89 S.E. 471 MATTHEWS v. CLARK ET AL. 9418Supreme Court of South Carolina. June 30, 1916. Page 14 Before GARY, J., Lexington, August 1915. Affirmed. Suit to construe a will, by J.L. Matthews, administrator, against Corrie Clark and others. From a decree, respondents appeal. The decree appealed from is as follows: This suit was instituted […]
CARTER v. ATLANTIC COAST RAILWAY CO., 109 S.C. 119 (1918)
95 S.E. 357 CARTER v. ATLANTIC COAST LINE RAILWAY COMPANY. 9908Supreme Court of South Carolina. February 19, 1918. Before SEASE, J., Orangeburg, Spring term, 1917. Affirmed. Action by Atlantic Coast Line Railroad Company. Judgment for defendant, and plaintiff appeals. Messrs. Raysor Summers, Wolfe Berry and L.K. Sturkie, for appellant, cite: As to proximate cause: 62 […]
IN RE LADY (S.C. 1998)
RE: IN THE MATTER OF PAULINE McALISTER LADY, RESPONDENT. Supreme Court of South Carolina. March 6, 1998. ORDER The records in the office of the Clerk of the Supreme Court show that on November 18, 1992, Pauline McAlister Lady was admitted and enrolled as a member of the Bar of this State. In a letter […]
McINTYRE v. ROGERS, 123 S.C. 334 (1923)
116 S.E. 277 McINTYRE v. ROGERS. 11149Supreme Court of South Carolina. March 12, 1923. Original action by J.A. McIntyre against P.H. Rogers, Jr., Mayor, and J.G. Denny and others, constituting the Town Council of the Town of Hartsville, to restrain defendants from guaranteeing payment of certificates of indebtedness proposed to be issued. Motion for injunction […]
IN RE FARLOW, 380 S.C. 35 (2008)
668 S.E.2d 790 In the Matter of Samantha D. FARLOW, Respondent. No. 26352.Supreme Court of South Carolina. Decided June 25, 2007. Rehearing Denied July 19, 2007. Refiled October 27, 2008. Lesley M. Coggiola, Disciplinary Counsel, and C. Tex Davis, Jr., Senior Assistant Disciplinary Counsel, both of Columbia, for Office of Disciplinary Counsel. Jason B. Buffkin, […]
STATE v. FOGLE, 256 S.C. 149 (1971)
181 S.E.2d 483 The STATE, Respondent, v. J.C. FOGLE, Appellant. 19223Supreme Court of South Carolina. May 24, 1971. Page 150 Laughlin McDonald, Esq., of Columbia, for Appellant, cites: As to the procedure in South Carolina for sentencing misdemeanants for crimes for which the legislature has set no maximum penalty being arbitrary and irrational and in […]
BATTLE v. STATE, 382 S.C. 197 (2009)
675 S.E.2d 736 Ernest BATTLE, Respondent, v. STATE of South Carolina, Petitioner. No. 26633.Supreme Court of South Carolina.Submitted December 4, 2008. Decided April 13, 2009. Appeal from the Circuit Court, Charleston County, Thomas L. Hughston, J. Page 198 Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley […]
LOUTHIAN MERRITT v. DAVIS, 272 S.C. 330 (1979)
251 S.E.2d 757 LOUTHIAN MERRITT, P.A., Attorneys for Deceased Petitioner, Appellants, v. Daniel W. DAVIS, Jr., Respondent. Nancy W. DAVIS, Appellant, v. Daniel W. DAVIS, Jr., Respondent. 20866Supreme Court of South Carolina. January 30, 1979. Page 331 Herbert W. Louthian, of Louthian Merritt, Columbia for appellants. Joe E. Berry, Jr., of Berry, Dunbar, Gibbes Woods, […]
ISRAEL v. CAROLINA BAR-B-QUE, INC., 293 S.C. 406 (1987)
360 S.E.2d 824 Charlotte H. ISRAEL, Petitioner vs. CAROLINA BAR-B-QUE, INC. and Andrew Berry, Trustee of Berry Brothers Trust, Defendants, of whom Carolina Bar-B-Que, Inc. and Berry Brothers Trust, against which verdict was rendered, referred to in judgment as Andrew Berry, Trustee of Berry Brothers, Inc. are Respondents. Supreme Court of South Carolina. October 7, […]
HARPER et al. v. WESTERN UNION TEL. CO., 133 S.C. 55 (1925)
130 S.E. 119 HARPER ET AL. v. WESTON UNION TELEGRAPH CO. 11849Supreme Court of South Carolina. November 14, 1925. Before WILSON, J., Hampton, February, 1925. Reversed and remanded with directions for nonsuit. Action by C. Bryan Harper and another against the Western Union Telegraph Company. Judgment for plaintiffs, and defendant appeals. The following are defendant’s […]
CAPE ROMAIN L. IMP. CO. v. CANNING CO., 148 S.C. 428 (1928)
146 S.E. 434 CAPE ROMAIN LAND IMP. CO. v. GA.-CAR. CANNING CO. ET AL. SAME v. SHELLMORE OYSTER PRODUCTS CO. 12479Supreme Court of South Carolina. July 5, 1928. Page 429 Before GRIMBALL, J., Charleston, May, 1926. Affirmed. Two actions by the Cape Romain Land Improvement Company against the Georgia-Carolina Canning Company and another and against […]
J.T.M. CO., INC. v. VANE, 283 S.C. 512 (Ct.App. 1984)
323 S.E.2d 794 J.T.M. CO., INC., Appellant, v. Jack VANE, Respondent. 0323Court of Appeals of South Carolina.Heard August 2, 1984. Decided November 28, 1984. Page 513 Theodore L. Hostetter, Charleston, for appellant. Arnold S. Goodstein of Goodstein Bowling, Charleston for respondent. Heard Aug. 2, 1984. Decided Nov. 28, 1984. GOOLSBY, Judge: This appeal is from […]
ALLEN v. DAVIS, DIR. GEN’L, 125 S.C. 256 (1923)
118 S.E. 614 ALLEN v. DAVIS, DIR. GEN’L. 11267Supreme Court of South Carolina. July 16, 1923. Before Rice, J. Spartanburg, April 1922. Reversed and remanded. Action by L.L. Allen against James C. Davis, Director General of Railroads. Judgment for plaintiff and defendant appeals. Messrs. DePass Wrightson for appellant cite: Time within which claim must be […]
LEVY v. OUTDOOR RESORTS OF S.C., 304 S.C. 427 (1991)
405 S.E.2d 387 Stanley M. LEVY and Harriett Z. Levy, Respondents v. OUTDOOR RESORTS OF SOUTH CAROLINA, INC., Appellant. 23391Supreme Court of South Carolina.Heard March 19, 1990. Decided May 6, 1991. Page 428 Ralph E. Tupper, and Scott A. Seelhoff, both of Davis, Tupper Griffith, P.A., Beaufort, for appellant. James M. Herring, of Jones, Scheider […]
STATE v. CAMPBELL, 111 S.C. 112 (1918)
96 S.E. 543 STATE v. CAMPBELL. 10009Supreme Court of South Carolina. July 1, 1918. Before SEASE, J., Spartanburg, Fall term, 1916. Reversed and new trial granted. Broadus Campbell was convicted of manslaughter, and he appeals. Messrs. Cothran, Dean Cothran, for appellant, cite: As to the degree or quantity of force a person assaulted may use […]
STATE v. PORTER, 389 S.C. 27 (Ct.App. 2010)
698 S.E.2d 237 The STATE, Respondent, v. Johnell PORTER, Appellant. No. 4672.Court of Appeals of South Carolina.Submitted March 1, 2010. Decided April 5, 2010. Withdrawn, Substituted, and Refiled July 7, 2010. Appeal from the Circuit Court, York County, John C. Hayes, III, J. Page 28 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]
LYTLE v. SO. RY. — CAROLINA DIVISION, 152 S.C. 161 (1929)
149 S.E. 692 LYTLE v. SOUTHERN RY. — CAROLINA DIVISION. 12739Supreme Court of South Carolina. September 26, 1929. Page 162 Before MANN, J., York, Fall Term, 1928. Affirmed. Action by Will Lytle, as administrator of the estate of Alf Lytle, deceased, against the Southern Railway — Carolina Division. From order overruling a demurrer, defendant appeals. […]
IN RE TOOTLE, 333 S.C. 264 (1998)
510 S.E.2d 214 In the Matter of Kenneth L. TOOTLE, Respondent. Supreme Court of South Carolina. December 1, 1998. ORDER The Office of Disciplinary Counsel has filed a petition asking the Court to place respondent on interim suspension pursuant to Rule 17, RLDE, Rule 413, SCACR, because he pled guilty to a serious crime. The […]
WALKER v. BENNETT, 125 S.C. 389 (1923)
118 S.E. 779 WALKER ET AL. v. BENNETT ET AL., TRUSTEES. 11283Supreme Court of South Carolina. July 26, 1923. Page 390 Original proceeding for a permanent injunction in the original jurisdiction of the Supreme Court, by A.C. Walker and others against T.M. Bennett and others, Trustees of Parker School District No. 8A. Greenville County. Injunction […]
JORDON v. AETNA CASUALTY SURETY CO., 264 S.C. 294 (1975)
214 S.E.2d 818 Andrew J. JORDAN, Jr., Appellant, v. AETNA CASUALTY SURETY COMPANY, Respondent. 20010Supreme Court of South Carolina. May 12, 1975. Page 295 Joseph R. Young, Esq., of Young, Clement Rivers, Charleston, for Appellant, cites: As to Judge Singletary’s erring in holding that the exclusion of Aetna Casualty Surety Co. was valid when it […]
IN MATTER OF ROBERTS (S.C. 5-21-2009)
In the Matter of Tracey Michelle Roberts, Petitioner. Supreme Court of South Carolina. May 21, 2009. Page 1 ORDER The records in the office of the Clerk of the Supreme Court show that on November 21, 1994 Petitioner was admitted and enrolled as a member of the Bar of this State. By way of a […]
IN RE MONTEITH (S.C. 1999)
In the Matter of David Y. Monteith, III, Deceased. Supreme Court of South Carolina. July 16, 1999 ORDER The Personal Representative for the estate of David Y. Monteith, III, has filed a petition seeking appointment of an attorney pursuant to Rule 31, RLDE, Rule 413, SCACR. IT IS ORDERED that the petition is granted and […]
McDAVID et al. v. McDAVID et al., 187 S.C. 127 (1938)
197 S.E. 204 McDAVID ET AL. v. McDAVID ET AL. 14685Supreme Court of South Carolina. May 17, 1938. Page 128 Before OXNER, J., Greenville, February, 1938. Affirmed. Suit by John Albert McDavid and others against Isadore E. McDavid, Sr., and others to secure an order permitting plaintiffs to mortgage certain realty as to which they […]
THE STATE v. ANDERSON, 229 S.C. 403 (1956)
93 S.E.2d 210 THE STATE, Respondent, v. TOM B. ANDERSON, Appellant. 17165Supreme Court of South Carolina. May 21, 1956. Page 404 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 405 Tom B. Anderson, Esq., pro se, of Columbia, for Appellant. Messrs. T.P. […]
LAWRENCE et al. v. BURNETT et al., 116 S.C. 347 (1921)
108 S.E. 142 LAWRENCE ET AL. v. BURNETT ET AL. 10645Supreme Court of South Carolina. June 30, 1921. Before McIVER, J., Spartanburg, February, 1921. Reversed and remanded. Action by Enoch Lawrence et al. against Gertrude E. Burnett et al. From judgment for defendants the plaintiffs appeal. For former appeal see 109 S.C. 416. See also […]
BOWER v. NATIONAL GENERAL INSURANCE COMPANY, 342 S.C. 315 (Ct.App. 2000)
536 S.E.2d 693 Jason C. Bower, Appellant, v. National General Insurance Company and Catawba Insurance Company, Defendants, of whom National General Insurance Company is, Respondent. Opinion No. 3234.Court of Appeals of South Carolina.Heard June 7, 2000 Filed July 31, 2000 Appeal From Horry County, J. Stanton Cross, Jr., Master-in-Equity. REVERSED AND REMANDED Page 316 Gene […]
JACKSON v. RAILWAY, 73 S.C. 557 (1906)
54 S.E. 231 JACKSON v. SOUTHERN RAILWAY — CAROLINA DIVISION. Supreme Court of South Carolina. April 2, 1906. Before WATTS, J., York, November Term, 1904. Reversed. Action by W.F. Jackson, Jr., against Southern Railway — Carolina Division. From judgment for plaintiff, defendant appeals on the following exceptions: “2. For that his Honor erred in allowing […]
EZELL et al. v. RITHOLZ et al., 188 S.C. 39 (1938)
198 S.E. 419 EZELL ET AL. v. RITHOLZ ET AL. 14742Supreme Court of South Carolina. August 20, 1938. Page 40 Before BELLINGER, J., Richland, January, 1938. Order affirmed. Action by W.C. Ezell and others, as members of the South Carolina Board of Examiners in Optometry, and others, on behalf of themselves and all other persons […]
HOLIDAY v. JORDAN, 112 S.C. 113 (1919)
99 S.E. 465 HOLLIDAY v. JORDAN. 10198Supreme Court of South Carolina. May 14, 1919. Before SPAIN, J., Horry, Spring term, 1917. Reversed. Page 114 Action by Flora J. Holliday against Sarah Agnes Jordan. Judgment for plaintiff, and defendant appeals. The following is the third assignment of error: (a) His Honor erred, it is respectfully submitted, […]
BROWN v. MISSOURI STATE LIFE INS. CO., 136 S.C. 90 (1926)
134 S.E. 224 BROWN v. MISSOURI STATE LIFE INSURANCE CO. 12040Supreme Court of South Carolina. July 22, 1926. Page 91 Before WILSON, J., Barnwell, March, 1926. Affirmed. Action by Forest S. Brown against the Missouri State Life Insurance Company. Judgment of Magistrate’s Court for plaintiff was affirmed by the Circuit Court, and defendant appeals. Mr. […]
DAWKINS v. JORDAN, 341 S.C. 434 (2000)
534 S.E.2d 700 Colie L. Dawkins, Claimant, Petitioner, v. Frank D. Jordan, Sr., d/b/a St. Matthews Fence Co. and Holmes and Narver Services, Inc., Employer, and S.C. Uninsured Employers’ Fund and Insurance Co. of North America, Carrier, of whom Holmes and Narver Services, Inc., S.C. Uninsured Employers’ Fund, and Insurance Co. of North America are […]
LOWRY v. RAILROAD CO., 91 S.C. 350 (1912)
74 S.E. 753 LOWRY v. ATLANTIC COAST LINE R.R. CO. GEDDINGS v. SAME. LOWRENCE v. SAME. 8198Supreme Court of South Carolina. April 30, 1912. Motions in this Court to reinstate the appeals in E.A. Lowry against Atlantic Coast Line Railroad Company; Henry R. Geddings against Same; and Shelly Lowrence against Same. Messrs. J.W. McLemore and […]
McCALL v. ALEXANDER, 84 S.C. 187 (1909)
65 S.E. 1021 McCALL v. ALEXANDER. 7364Supreme Court of South Carolina. November 8, 1909. Before DeVORE, J., Oconee November term, 1908. Affirmed. Action by C.H. McCall against T.E. Alexander. From judgment for plaintiff, defendant appeals. Mr. R.T. Jaynes for appellant, cites: Proof is competent in support of irrelevant allegations left in a complaint: 61 S.C. […]
IN RE MURDAUGH, 336 S.C. 564 (1999)
521 S.E.2d 159 In the Matter of G. LaVue Murdaugh, Respondent. Supreme Court of South Carolina. September 1, 1999 ORDER The Office of Disciplinary Counsel has filed a petition asking this Court to place respondent on interim suspension pursuant to Rule 17(b), RLDE, Rule 413, SCACR, and to appoint an attorney to protect clients’ interests […]
NEELY v. THOMASSON, 365 S.C. 345 (2005)
618 S.E.2d 884 Lyle NEELY and Gloria Russell Ballard, as Personal Representatives of the Estate of Rita Russell, Petitioners, v. Nancy THOMASSON, individually, and as Personal Representative of the Estate of John Thomas Neely, and Josephine Morgan Wells, of whom Nancy Thomasson, individually and as Personal Representative of the Estate of John Thomas Neely, is […]
RELIANCE INS. CO. v. SMITH, 327 S.C. 528 (Ct.App. 1997)
489 S.E.2d 674 RELIANCE INSURANCE COMPANY, as Successor in Interest to United Pacific Life Insurance Company, Appellant, v. Leslie SMITH, Lexington County Assessor, and The County of Lexington, Respondents. No. 2694Court of Appeals of South Carolina.Heard May 6, 1997 Decided June 30, 1997 Appeal From Circuit Court, Lexington County, George W. Jefferson, J. Page 529 […]
STATE v. MASON, 215 S.C. 457 (1949)
56 S.E.2d 90 STATE v. MASON. 16271Supreme Court of South Carolina. October 31, 1949. Mr. C. Yates Brown, of Spartanburg, for Appellant, cites: As to an accused, testifying in his own behalf and separately represented, being cross-examined by counsel for Page 458 other defendants jointly indicted and tried with him on all matters material to […]
HARDIN v. CITY OF GREENVILLE et al., 161 S.C. 53 (1931)
159 S.E. 465 HARDIN v. CITY OF GREENVILLE ET AL. 13183Supreme Court of South Carolina. June 23, 1931. Page 54 Before TOWNSEND, J., Pickens. February, 1930. Affirmed. Action by Vardrey T. Hardin against the City of Greenville and the Commission of Public Works. From an order sustaining a demurrer to the first cause of action […]
IN THE MATTER OF WALKER, 305 S.C. 482 (1991)
409 S.E.2d 412 In the Matter of Timothy R. WALKER, Respondent. 23483Supreme Court of South Carolina.Heard August 14, 1991. Decided September 23, 1991. Rehearing Denied October 23, 1991. Page 483 Atty. Gen. T. Travis Medlock, Asst. Attys. Gen. James G. Bogle, Jr. and J. Emory Smith, Jr., Columbia, for complainant. Cameron B. Littlejohn, Jr., of […]
PRICKETT v. W.U. TEL. CO., 134 S.C. 276 (1926)
132 S.E. 587 PRICKETT v. WESTERN UNION TEL. CO. 11956Supreme Court of South Carolina. April 8, 1926. Before DENNIS, J., Calhoun, April, 1925. Reversed and complaint ordered dismissed. Action by C.L. Prickett against the Western Union Telegraph Company. From an order overruling a demurrer to the complaint, defendant appeals. Mr. Francis R. Stark and Nelson […]
JAMES v. ANNE’S INC., 390 S.C. 188 (2010)
701 S.E.2d 730 Allie JAMES, Claimant, Appellant, v. ANNE’S INC., Employer, and Villanova Insurance Company, in liquidation through the South Carolina Property Casualty Insurance Guaranty Association, Carrier, Respondents. No. 26762.Supreme Court of South Carolina.Re-Heard June 24, 2010. Re-Filed October 25, 2010. Rehearing Denied December 1, 2010. Appeal from the Circuit Court, Charleston County, R. Markley […]
SHAW v. STILL, 259 S.C. 377 (1972)
192 S.E.2d 206 Sarah SHAW, Respondent, v. George STILL et al., Appellants. 19499Supreme Court of South Carolina. October 17, 1972. Messrs. Edens, Woodward Butler, of Columbia, for Appellants, cite: As to the guest of a tenant being unable to maintain an action ex delicto against a landlord for his breach of contractual duty to repair: […]
O’DELL v. UNITED INS. CO. OF AMERICA, 243 S.C. 35 (1963)
132 S.E.2d 14 William B. O’DELL, Appellant, v. UNITED INSURANCE COMPANY OF AMERICA, Respondent. 18100Supreme Court of South Carolina. July 23, 1963. Messrs. T. David Sloan, Jr., of Laurens, and Harley Parr, of Newberry for Appellant, cite: As to this action Page 36 being one for damages for wrongful cancellation of an insurance contract after […]