McDonald v. Palmetto Theaters

Supreme Court of South Carolina

McDonald v. Palmetto Theaters

14 S.E.2d 273, 196 S.C. 400, 1941 S.C. LEXIS 155

CourtSupreme Court of South Carolina

DecidedApril 4, 1941

Docket15241

StatusPublished

Cited by1 cases

This text of 14 S.E.2d 273 (McDonald v. Palmetto Theaters) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McDonald v. Palmetto Theaters, 14 S.E.2d 273, 196 S.C. 400, 1941 S.C. LEXIS 155 (S.C. 1941).

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Opinion

The opinion of the Court was delivered by

Mr. Associate Justice Eisi-iburne.

This appeal is from an order granted by his Honor, Judge G. Duncan Bellinger, of date September 30, 1940, wherein the appellants, Employers’ Group and Palmetto Theaters, were denied a stay of execution and directed to pay compensation to claimants-respondents under the Workmen’s Compensation Act, Act July 17, 1935., 39 St. at Earge, p. 1231. The appeal was taken by the appellants in order to pre *402 serve and protect their rights pending the determination by the Supreme Court of the identical question in the same action and between the same parties, which arose out of the issuance of a rule directed to the claimants to show cause why they should not be enjoined from proceeding further against the present appellants until the final determination of the appeal in the main case. A full historical statement of the matter will be found reported in McDonald v. Palmetto Theaters, 196 S. C., 38, 11 S. E. (2d), 444, which decision was filed November 13, 1940, adjudging the question now involved in favor of the appellants.

In a later decision in the main case, involving the merits, between the same parties, 13 S. E. (2d), 602, filed January 13, 1941, the case was decided in favor of the present appellants, Employers’ Group and Palmetto Theaters.

Under the authority of McDonald v. Palmetto Theaters, 196 S. C., 38, 11 S. E. (2d), 444, the judgment of the Circuit Court, of date September 30, 1940, is reversed.

Mr. Ci-iiee Justice Bonham, Messrs. Justices Carter and Baker and Mr. Acting Associate Justice. G. B. Greene concur.

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The opinion of the Court was delivered by

Mr. Associate Justice Eisi-iburne.

This appeal is from an order granted by his Honor, Judge G. Duncan Bellinger, of date September 30, 1940, wherein the appellants, Employers’ Group and Palmetto Theaters, were denied a stay of execution and directed to pay compensation to claimants-respondents under the Workmen’s Compensation Act, Act July 17, 1935., 39 St. at Earge, p. 1231. The appeal was taken by the appellants in order to pre *402 serve and protect their rights pending the determination by the Supreme Court of the identical question in the same action and between the same parties, which arose out of the issuance of a rule directed to the claimants to show cause why they should not be enjoined from proceeding further against the present appellants until the final determination of the appeal in the main case. A full historical statement of the matter will be found reported in McDonald v. Palmetto Theaters, 196 S. C., 38, 11 S. E. (2d), 444, which decision was filed November 13, 1940, adjudging the question now involved in favor of the appellants.

In a later decision in the main case, involving the merits, between the same parties, 13 S. E. (2d), 602, filed January 13, 1941, the case was decided in favor of the present appellants, Employers’ Group and Palmetto Theaters.

Under the authority of McDonald v. Palmetto Theaters, 196 S. C., 38, 11 S. E. (2d), 444, the judgment of the Circuit Court, of date September 30, 1940, is reversed.

Mr. Ci-iiee Justice Bonham, Messrs. Justices Carter and Baker and Mr. Acting Associate Justice. G. B. Greene concur.

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Bluebook (online)

14 S.E.2d 273, 196 S.C. 400, 1941 S.C. LEXIS 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdonald-v-palmetto-theaters-sc-1941.

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