Swift Co. v. Cook

Supreme Court of South Carolina

Swift Co. v. Cook

15 S.E.2d 773, 197 S.C. 454, 1941 S.C. LEXIS 56

CourtSupreme Court of South Carolina

DecidedJuly 23, 1941

Docket15300

StatusPublished

Cited by1 cases

This text of 15 S.E.2d 773 (Swift Co. v. Cook) 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

Swift Co. v. Cook, 15 S.E.2d 773, 197 S.C. 454, 1941 S.C. LEXIS 56 (S.C. 1941).

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Opinion

July 23, 1941. The facts of this case are sufficiently set forth in the order of the Circuit Judge. This order is founded upon affidavits from which the conclusion is inescapable that the case comes within the purview of the language of the applicable statute (Code, Section 470) that "sham and irrelevant answers and defenses may be stricken out on motion * * *."

The conclusion of the Circuit Judge that the answer and counterclaim of the defendant (appellant) should be stricken out, and that the plaintiff (respondent) is entitled to judgment in accordance with the prayer of the complaint, is affirmed. *Page 458

Let the order of the Circuit Judge be reported.

MR. CHIEF JUSTICE BONHAM, MESSRS. JUSTICES BAKER, FISHBURNE and STUKES and MR. ACTING ASSOCIATE JUSTICE LIDE concur.

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July 23, 1941. The facts of this case are sufficiently set forth in the order of the Circuit Judge. This order is founded upon affidavits from which the conclusion is inescapable that the case comes within the purview of the language of the applicable statute (Code, Section 470) that "sham and irrelevant answers and defenses may be stricken out on motion * * *."

The conclusion of the Circuit Judge that the answer and counterclaim of the defendant (appellant) should be stricken out, and that the plaintiff (respondent) is entitled to judgment in accordance with the prayer of the complaint, is affirmed. *Page 458

Let the order of the Circuit Judge be reported.

MR. CHIEF JUSTICE BONHAM, MESSRS. JUSTICES BAKER, FISHBURNE and STUKES and MR. ACTING ASSOCIATE JUSTICE LIDE concur.

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Bluebook (online)

15 S.E.2d 773, 197 S.C. 454, 1941 S.C. LEXIS 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swift-co-v-cook-sc-1941.

Opinion

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