36 S.C. 607
Supreme Court of South Carolina
Decided September 2, 1892
Supreme Court of South Carolina · decided 1892-09-02
This was an action by plaintiff against the assignee under an assignment for the benefit of creditors, to compel defendant to allow a claim presented by defendant and meantime to enjoin a distribution. Plaintiff contended that the assignor was indebted to him for the erection of a bake oven on a lot belonging to plaintiff’s, wife, under an agreement that the assignor would pay for its erection, he using it in connection with his business as a baker.
Judgment affirmed · Decided 1892-09-02
¶1OPINION by
¶2The appellant obtained a stay of the remittitur and filed a petition for rehearing, which was dismissed per curiam December 7, 1892, the court saying: The court is unable to discover that there has been any material fact or principle of law either overlooked or disregarded, and therefore there is no ground for a rehearing. It is therefore adjudged, that the petition be dismissed, and the clerk is hereby directed to send down the remit-titur.