Strom v. American &c. Mortgage Co.

Citations

• 42 S.C. 97
• 20 S.E. 16

Syllabus

<p>1. Appeals — Case.—Where it does not appear that any action was taken on a motion to amend the complaint, made before the Circuit Judge, no question as to such motion is properly before this court.</p> <p>2. Ibid. — Injunctions—Sale.—Motions for preliminary injunctions and to dissolve them are ordinarily addressed to the discretion of the Circuit Judge, and his determination is not appealable; but where the injunction is absolutely essential to the assertion and preservation of a legal right, an order of dissolution is appealable; as, in this case, where, without injunction, the property of a married woman, pending the claim that her mortgage was invalid, might be disposed of under a power of sale in such mortgage.</p> <p>3. Ibid. — Ibid.—Married Woman. — The want of power on the part of a married woman to mortgage her separate property ought not to be conclusively determined on affidavits.</p> <p>4. Married Woman — -Sale—Injunction.—Where a married woman was without power to execute a mortage, a sale under a power contained in such mortgage should be perpetually enjoined.</p> <p>5. Practice — -Trial—-Waiver.—-Objection that an affidavit was not made before an authorized officer would seem to be waived where the affidavit was received without objection at the time.</p> <p>6. An Exception alleging error “in holding that the temporary order of injunction herein was irregularly issued, and iu dissolving the same,” is not too general.</p> <p>7. Injunction — Married Woman — Sale.—A temporary injunction was properly granted on a complaint and affidavit which set forth that the defendant was about to sell the land of plaintiff, a married woman, under the power of sale contained in a mortgage executed by her to secure a debt of her husband.</p> <p>8. Ibid. — Stay oe Proceedincs. — The provision in section 402 of the Code which forbids the granting of an ex parte order to stay proceedings for a longer time than twenty days, seems to relate to proceedings in court and not