Supreme Court of South Carolina, 1928

Norris v. Brown

Supreme Court of South Carolina · Decided June 28, 1928 · Brease, Chiee, Watts, Messrs, Cothran, Carter, Stabeer

143 S.E. 878; 146 S.C. 279; 1928 S.C. LEXIS 124 (South Eastern Reporter)

Counsel

Mr. L.D. Jennings , for appellants, cites: Liability of director for mismanagement of corporate property both several and joint: 82 S.C. 287; 15 Ency. P. Pr., 71; 10 Cyc., 826; 1 Morse on Banks and Banking (5th Ed.), 127. "Director": 14 A.C.J., Paragraphs 1866, 1869, 1883, 1891; 39 Cyc., 247. Degree of care due: 101 S.E., 749; 1 Michie on Banks and Banking, 267, 337; 3 R.C. L., 460, 458; 128 S.E., 616; 7 Cyc., 788; 7 C.J., 563; 64 Or., 433 ; 15 L.R.A., 316. Cases distinguished: 133 S.C. 446 ; 7 C.J., 565; 50 A.L.R., 446; 3 DeS., 251; 115 S.C. 415 ; 27 S.C. 408 ; 32 C.J., 29; 139 S.C. 212 . Messrs. Hood Hood , for respondents, cite: Sole duty of director is to corporation: 133 S.C. 440; 7 C.J., 565; 50 A.L.R., 462. Granting of injunction discretionary with lower Court: 115 S.C. 415 ; 27 S.C. 408 ; 32 C.J., 29, 31; 120 S.C. 381 . As to equitable injunction: 83 S.C. 444 ; 32 C.J., 110, 114; 1 Rich. Eq., 477; 134 S.C. 373 ; 4 S.C. 45 ; 9 S.C. 281 .

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Brease.

This is an appeal from an order of his Honor. Judge Sease,. dissolving a temporary restraining order or injunction issued by him September 9, 1927. Eet the order of Judge Sease be reported.

Under the view which we take of the case, it is unnecessary to recite at length the facts. The granting or refusing an injunction rests within the sound discretion of the Circuit Judge. Frederick v. Brown, 115 S. C., 415; 106 S. E., 31. Pelzer v. Hughes, 27 S. C., 408; 3 S. E., 781. Cooper v. Boylston, 120 S. C., 381; 113 S. E., 347; 32 C. J., p. 29, et seq. Appellants have failed to satisfy this *281 Court that his Honor, the Circuit Judge, erroneously exercised his discretion in dissolving the temporary injunction.

The judgment of this Court is that the order appealed from be, and the same is hereby, affirmed.

Mr. Chiee Justice Watts and Messrs. Justices Cothran and Carter concur. Mr. Justice Stabeer did not participate.

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