Rush v. Warren
Citations
- 26 S.C. 72
- 1 S.E. 363
- 1887 S.C. LEXIS 6
Syllabus
<p>1. The right of parties as heirs at law to assert their title to real estate descended, and as distributees to have an accounting of the administration of the personal estate, is distinct and presents separate causes of action. Being united in one complaint, the Circuit Judge, after sustaining a plea to'the jurisdiction as to the land involved (it being situate in another county), did not err in retaining the complaint upon the cause of action against the administrator.</p> <p>2. Where, in action for account, defendant pleaded in bar a former accounting, and all the issues of law and fact were referred to the master, this plea in bar was a matter to be determined by the master.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ‘res 9 judicata applies to a voidable sentence and may operate to prevent consideration of a collateral attack based on a claim that could have been raised on direct appeal from the voidable sentence’
Source: CourtListener parenthetical corpus (CC0).
Judges: McIver
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.