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  • Messrs. Weston Aycock, for appellants, Fripp and Weston, and Mr. Frank G. Tompkins, for appellant, Adams, cite: 43 S.C. 24. Messrs. Sheppard Bros., for respondent, submit: Appeal involves questions of fact, and appellant must show the findings to have been against the weight of the evidence: 88 S.C. 354; 91 S.C. 247; 94 S.C. 80; 96 S.C. 148. Weight of evidence: 2 Tillinghast Sherman's Prac. 186-188, 189, 190; Moak's Van Santvoord's Pleadings, ch. 5, sec. 6: Vorhees' (N.Y.) Code 231, 234; Wait's (N.Y.) Code 273, 276 and 277, and cases cited in Circuit order.
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Citation Codes
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citation codes
Docket Number
Attorney(S)
  • Messrs. Weston Aycock, for appellants, Fripp and Weston, and Mr. Frank G. Tompkins, for appellant, Adams, cite: 43 S.C. 24. Messrs. Sheppard Bros., for respondent, submit: Appeal involves questions of fact, and appellant must show the findings to have been against the weight of the evidence: 88 S.C. 354; 91 S.C. 247; 94 S.C. 80; 96 S.C. 148. Weight of evidence: 2 Tillinghast Sherman's Prac. 186-188, 189, 190; Moak's Van Santvoord's Pleadings, ch. 5, sec. 6: Vorhees' (N.Y.) Code 231, 234; Wait's (N.Y.) Code 273, 276 and 277, and cases cited in Circuit order.
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Smart Summary

BANK OF JOHNSTON v. FRIPP ET AL.

May 17, 1915. The opinion of the Court was delivered by

MR. CHIEF JUSTICE GARY.Page 193

This is an appeal from an order striking out certain allegations of the answers on the ground that they were sham, and in allowing the plaintiff to apply for judgment by default.

The ruling of his Honor, the presiding Judge, is fully sustained by the cases of Germofert Co. v. Castles, 97 S.C. 398, 81 S.E. 665, and Interstate Ch. Cor. v. Farmington Cor., 100 S.C. 196, 84 S.E. 710.

Appeal dismissed.

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BANK OF JOHNSTON v. FRIPP
(May 17, 1915)