A. E. Staley Manufacturing Co. v. Threatt
A. E. Staley Manufacturing Co. v. Threatt
Opinion of the Court
This is an appeal from the Order of the Honorable J. A. Spruill, Jr., refusing Appellants’ motion to strike certain allegations of the complaint and granting Respondent’s motion for a general Order of reference.
The complaint alleges two causes of action for the foreclosure of two chattel mortgages between the parties. The first cause of action alleges Respondent agreed to sell sufficient turkey feed, on credit, to feed a flock of approximately 889 turkey breeders, and Appellants agreed to purchase
Appellants answered in due time and admitted execution and recordation of the alleged chattel mortgages and that Respondent was the owner and holder thereof. The allegations of indebtedness in both causes of action were denied and no affirmative defense or other matters were alleged or pleaded in the answer.
Appellants moved to strike all allegations pertaining to the alleged chattel mortgages from both causes of action “upon the grounds that all of the chattels secured by the alleged chattel mortgages have been sold under the supervision and direction and by consent of the plaintiff and that all funds derived from the sale thereof have been paid over to the plaintiff.”
A motion to strike is addressed to the sound discretion of the Circuit Judge, Mikell v. McCreery- Pressley Co., 105 S. C. 25, 89 S. E. 467; Staton v. Bell, 170 S. C. 395, 170 S. E. 666; Ellen, et al. v. King, et al., 227 S. C. 481, 88 S. E. (2d) 598; J. M. S., Inc., v. Theo, 241 S. C. 394, 128 S. E. (2d) 697; and his refusal to grant a motion to strike is not appealable, Sparks v. D. M. Dew & Sons, Inc., 230 S. C. 507, 96 S. E. (2d) 488; Winchester v. United Insurance Co., 231 S. C. 288, 98 S. E. (2d) 530; Blackmon v. United Insurance Co., 233 S. C. 424, 105 S. E. (2d) 521.
For the foregoing reasons, we are of opinion that the Order appealed from should be affirmed; and it is so ordered. Affirmed.
Reference
- Full Case Name
- A. E. STALEY MANUFACTURING CO. v. W. G. THREATT, O. J. THREATT, JR. and Agnes Threatt
- Status
- Published