(DOWNLOAD) "Standard Warehouse Co. v. A.C.L.R. Co." by South Carolina Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Standard Warehouse Co. v. A.C.L.R. Co.
- Author : South Carolina Supreme Court
- Release Date : January 09, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
July 9, 1952 This case was tried at Orangeburg before Honorable J. Woodrow Lewis and a jury. There was a verdict in favor of the defendant. The plaintiff thereupon gave notice that it would make a motion for judgment notwithstanding the verdict, and if such motion should not be granted, then for a new trial. Thereafter the motion was argued before the Circuit Judge. The eighth ground was that this ""being primarily an equity or chancery case, for a mandatory injunction and to prevent a multiplicity of suits, it was and is the function of the Court to decide all issues and particularly the issue of liability and the amount of the liquidated damages independently of the findings of a jury."" Judge Lewis issued his order dated May 30, 1951, in which he held that the cause of action was essentially and primarily one in equity and not for the determination of a jury. He granted a mandatory injunction against the defendant as prayed for in the complaint. He also gave judgment for the plaintiff for $36,988.64 actual damages, and $1,000.00 for each month elapsing between the date of the decree and the reconstruction of the drainage system.