Supreme Court of South Carolina, 1926

Cothran v. Meiklejohn

Supreme Court of South Carolina · Decided July 1, 1926 · Ci-Iiee, Gary, Cothran, Messrs, Watts, Stabler, Blease

133 S.E. 912; 135 S.C. 388; 1926 S.C. LEXIS 102 (South Eastern Reporter)

Counsel

Messrs. Wilcox Hardee , for appellant, cite: What causes of action may be joined: Code. Civ. Pro., 1922, Sec. 430. Definition of "transaction" and "transactions connected with the same subject of action:" 124 Wis. 369 ; 109 A.S.R., 944; 108 Minn., 342 ; 133 A.S.R., 451; 1 R.C.L., 363. Causes of action deemed to arise out of same "transaction" or "transactions connected with the same subject of action:'" 115 S.C. 102 ; 105 S.C. 75 ; 48 S.C. 65 . Messrs. Spears Want for respondent cite: Action against Meiklejohn Lumber Company is one at law: 24 S.C. 39 . Party having interest in controversy properly made defendant: Code. Civ. Pro., 1922, Sec. 361. What parties may be joined as defendants in one action: 30 Cyc., 125, 127 note, and 132. What causes of action may be joined: Code. Civ. Pro., 1922, Sec. 430. Cause of action improperly joined: 26 S.C. 72 ; 1 S.E., 363 ; 24 S.C. 39 ; 13 S.C. 317 . Mr. C.L. Prince , also for respondents.

Opinion of the Court

The opinion of the Court was delivered by

Mr. Ci-iiEE Justice Gary.

For the reasons stated in the order of his Honor, the Circuit Judge, the order is affirmed and the appeal dismissed.

Messrs. Justices Watts and Stabler concur.

Dissenting Opinion

Mr. Justice Cothran

(dissenting). I think that as under the allegations of the complaint the Saverances have demanded from the Meiklejohn Company pay for the timber cut from the disputed area and that the latter has given this as an excuse for not paying the plaintiff, a proper case for interpleader would be presented; and in that event the Saverances would have been made parties, so that complete determination of the rights of all the parties might be had. The plaintiff has accomplished the same purpose by bringing them in originally.

Mr. Justice BlEase concurs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.