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Jackson v. South Carolina Colored State Fair Ass'n

Jackson Et Al. v. South Carolina Colored State Fair Association Et Al.

Jackson v. S.C. Colored State Fair Ass'n, 96 S.E. 116 (S.C. 1918)
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Court
Supreme Court of South Carolina · State Highest Courts
Decided
May 14, 1918
Docket
No. 9971
Judges
Watts, Messrs, Hydrick, Fraser, Ci-Iiee, Gary, Gage
Citations
96 S.E. 116109 S.C. 2831918 S.C. LEXIS 224
Disposition
Affirmed.
Cited by 6
Syllabus
1. Receivers—Appointment—Scope op Inquiry.—In deciding- whether a receiver should he appointed, a Court is not required to make such an inquiry into facts of case as will enable it to pass upon merits thereof, hut need merely inquire into the facts sufficiently to determine whether in the exercise of discretion he will appoint receiver. 2. Injunctions—Ex Parte Temporary Restraining Order—Scope of Inquiry.-—Where Court is asked to continue ex parte restraining order, its inquiry into facts of case is sufficient, it enables him to pass upon necessity for such order, and need not be sufficient for purposes of deciding merits of case.
Summary
Before PeuriEoy, J., Richland, Fall term, 1917. This was an action by the plaintiffs, stockholders of the defendant corporation, for an accounting and the appointment of a receiver. A temporary restraining order was granted by Judge M. T. Smith at the time of the service of the summons and ■complaint. . Subsequently plaintiffs gave notice of a motion for the appointment of a receiver and a continuance of the restraining order. The matter came on to be heard before Judge Peurifoy, and, after hearing, he passed an order refusing the appointment of a receiver and refusing to continue the temporary restraining order. Plaintiffs appeal. cite: As to refusal to appoint receiver: 46 S. C. 79; High on Injuctions, secs. 1518, 1521; 84 S. C. 214; Civil Code, 1912, secs. 2837, 2850; 53 S. C. 519; 60 S. C. 183; 66 S. C. 100; Cook on Stockholders and Corporation Taw, secs. 644-646; 39 S. C. 52; 48 S. C. 83; 93 Mich. 97; 104 U. S. —; 96 S. C. 290; 97, •373. As to Judge Peurifoy not having the power to dissolve the temporary restraining order: 54 S. C. 457; 62 S. C. 196; 69 S. C. 52. Upon the whole case: S. C. Constitution 1895, art. XI, sec. 9; Civil Code, sec. 2, 787; 92 S. C. 342. cite: As to granting an interlocutory injunction or •appointing a receiver: 69 S. C. 159; 27 S. C. 415; Code of Civil Procedure (1912), sec. 303; 60 S. S. 568; 64 S. C. 455. Upon the whole case: 48 S. C. 83; 60 S. C. 160.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Watts

The opinion of the Court was delivered by Mr. Justice Watts.

This is an appeal from an order of his Honor, Judge Peurifoy, refusing to appoint a receiver and refusing to ■continue an ex parte témpora^ restraining order granted by his Honor, Judge M. T. Smith.

*285 1, 2 His Honor, Judge Peurifoy, inquired into the facts of the case sufficiently for the purpose, not of deciding the case on its merits, but to determine whether or not in the exercise of his discretion he would appoint or refuse to appoint a receiver and grant the temporary restraining order asked for. This he had clearly the right to do, and in the exercise of the discretion vested in him he refused both. We see no error in his order as complained of.

The appeal is dismissed, and order appealed from affirmed.

Messrs. Justices Hydrick and Fraser concur.

Mr. Ci-iiee Justice Gary and Mr. Justice Gage absent.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →
1920: 11927: 11948: 11954: 11957: 12013: 119202026peak 1920 · 1

Relies on it most ⓘ

  1. Leisnoi, Inc. v. Merdes & Merdes, P.C.307 P.3d 879 (Alaska 2013)
  2. Perpetual Building And Loan Association v. Series Directors Of Equitable Building And Loan Association217 F.2d 1 (4th Cir. 1954)
  3. Ribero v. Callaway196 P.2d 109 (Cal. Ct. App. 1948)
  4. Ex Parte Citizens' Exchange Bank139 S.E. 135 (S.C. 1927)
  5. Vasiliades v. Vasiliades98 S.E.2d 810 (S.C. 1957)
  6. Wilson v. Cureton103 S.E. 789 (S.C. 1920)

Most recent

  1. Leisnoi, Inc. v. Merdes & Merdes, P.C.307 P.3d 879 (Alaska 2013)
  2. Vasiliades v. Vasiliades98 S.E.2d 810 (S.C. 1957)
  3. Perpetual Building And Loan Association v. Series Directors Of Equitable Building And Loan Association217 F.2d 1 (4th Cir. 1954)
  4. Ribero v. Callaway196 P.2d 109 (Cal. Ct. App. 1948)
  5. Ex Parte Citizens' Exchange Bank139 S.E. 135 (S.C. 1927)
  6. Wilson v. Cureton103 S.E. 789 (S.C. 1920)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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