Supreme Court of South Carolina, 1927

Dana v. Peurifoy, Receiver

Dana v. Peurifoy, Receiver
Supreme Court of South Carolina · Decided November 9, 1927 · Cothran, Watts, Messrs, Stabeer, Carter, Brease
140 S.E. 247; 142 S.C. 46; 1927 S.C. LEXIS 179 (South Eastern Reporter)

Counsel

Messrs. D.W. Robinson and D.W. Robinson, Jr. , for appellant, cite: Rights of parties where new lease was entered into after the lien of the chattel mortgage attached Sec. 5270, Code. Statute stricter than bailment statute: 125 S.C. 332 . Messrs. Melton Belser , and Halcott P. Green , for respondent, cite: Failure to comply with Circuit Court Rule 28 by appellant in exceptions: 98 S.C. 211 . Where the order from which notice of appeal is served is not appealable, the notice does not act as a supersedeas: 76 S.C. 189 . Even after filing of return in Supreme Court on an appeal from a non-appealable order, the Circuit Court still has jurisdiction: 109 S.C. 358 . Neither the order transferring the cause from Calendar I to Calendar 2, nor the refusing to direct issues for a jury are appealable: 52 S.C. 461 . Decisive of questions involved at bar: 107 S.C. 280 . Cases distinguished: 123 S.C. 350 Law of distress: Secs. 5283, 5285, 5286, Code; 26 S.C. 331 ; 36 S.C. 75 . If property is purchased for a proposed corporation it will become liable upon the contract if, when organized, it takes the benefit of it: 17 A.L.R., 489, 495.

Dana v. Peurifoy, Receiver

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Cothran.

The Court is entirely satisfied with the decree of his Honor Judge Wilson, and it is accordingly affirmed.

Mr. Chief Justice Watts and Messrs. Justices StabeEr and Carter concur. Mr. Justice Brease disqualified.

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