Cartee v. Spence

Citations

• 24 S.C. 550
• 1886 S.C. LEXIS 78

Syllabus

<p>1. The Circuit Judge cannot hear and determine a question raised by demurrer after all the issues in the action, both of law and fact, have been referred to the master for trial, and in .advance of his report.</p> <p>2. In the absence of any showing to the contrary, it must be assumed that all the circumstances existed, which would have authorized such an order of reference as was granted by the Circuit Judge in this case, notwithstanding no written consent appeared upon the face of the order.</p> <p>'3. A complaint that contains allegations of fraud insufficient to warrant the cancellation of a deed, but states facts sufficient to entitle plaintiff to a partition, cannot be held, on demurrer, not to state facts sufficient to constitute a cause of action.</p> <p>4. The master is a special tribunal, and has no power to require the defendants to produce a deed in their possession, no such power having been conferred upon him.</p> <p>5. Doubted, whether a Circuit Judge could on motion require a party to the cause to produce a deed in his possession to be used in evidence against him.</p>