Union Savings Bank v. Hubbard

Supreme Court of South Carolina

Union Savings Bank v. Hubbard

136 S.E. 481, 138 S.C. 328, 1927 S.C. LEXIS 111

CourtSupreme Court of South Carolina

DecidedJanuary 31, 1927

Docket12150

StatusPublished

Cited by2 cases

This text of 136 S.E. 481 (Union Savings Bank v. Hubbard) 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

Union Savings Bank v. Hubbard, 136 S.E. 481, 138 S.C. 328, 1927 S.C. LEXIS 111 (S.C. 1927).

Pincite

Opinion

The opinion of the Court was delivered by

Mr. Chief Justice Watts.

The exceptions and grounds .of appeal question the correctness of the rulings of Judge Henry in dismissing the answer .of appellant on the ground that it was sham, irrelevant, and does not constitute a defense. The answer pleads failure of consideration, and that was an issue that appellant was entitled to have submitted to a jury.

This Court has decided in several cases that to decide an issue of fact on affidavits in most cases is unsatisfactory.

Here we have an issue of fact raised by the pleadings decided by his Honor, on most conflicting affidavits.

His Honor was in error, and the order appealed from is reversed.

Messrs. Justices Cothran, Blease, and Stabler, and Mr. Acting Associate Justice R. O. Purdy concur.

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