- Bookmark
- Share
- CaseIQ
INSURANCE CO. v. MOBLEY
Supreme Court of South Carolina.
Jul 7, 1911
Important Paras
Please sign up to view Important Paras.
July 7, 1911. The opinion of the Court was delivered by
MR. JUSTICE HYDRICK.
It is error to grant an order staying execution without notice to the adverse party, or his attorney. Code Civ. Proced., 242a.
On issuing an injunction, the Court has no power to dispense with an undertaking, with or without sureties, as required by section 243 of the Code. Smith v. Smith, 51 S.C. 379, 29 S.E. 227; Water Co. v. Nunamaker, 73 S.C. 550, 53 S.E. 996.
No point is made and no opinion expressed as to whether this action will lie. But, see Croker v. Allen, 34 S.C. 452, 13 S.E. 650.
Reversed.
x
Alert
Please log in or sign up for a free trial to access this feature.