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82 S.C. 563

64 S.E 750

Ex Parte Ferguson

Supreme Court of South Carolina

Decided May 20, 1909

Supreme Court of South Carolina · decided 1909-05-20

Before Ki/ugh, J., Pickens, March 1908. Petition by James M. Eerguson in re John Ferguson, as trustee et al., against John Ferguson et al. From order made on return to rule, heirs of H. M. Ferguson appeal. cites: Circuit Judge had no jurisdiction: 45 S. C., 10.

Cited by 1 later decisions — most recently December 1979

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1909-05-20

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¶1 The opinion of the Court was delivered by

Mr. Justice Gary.

¶2 This is an ex parte proceeding in re the case mentioned in the record.

¶3 Upon hearing the petition, his Honor, Judge Klugh, made the following order: “That James M. Ferguson and Frank Ferguson do show cause before me at Chambers, in Greenville, South Carolina, on March 84, 1908, at 11 o’clock a. m., or at such time as may be designated by the Court, why the sum of thirty-nine hundred and sixty-five *564 and 79-100 ($3,965.79) dollars, and the further sum of sixteen hundred and sixty-one and 66-100 ($1,661.66) dollars should not be paid to James M. Eerguson, or his attorneys, and to further show cause why trustees should not be appointed to take charge of the said sum of twenty-five hundred ($2,500') dollars, to invest the same and pay over the interest thereof annually to the said James M. Ferguson.”

¶4 The appellants made return to the rule to show cause, whereupon the Circuit Judge made an order which concludes as follows:

¶5 “That John Ferguson, Annie Wardlaw, Janie White, Hattie Valentine, Henry Grady Ferguson and Mattie Ferguson, be made parties to this proceeding, and a copy of this petition be forthwith served upon them, the non-resident parties to be served by publication.

¶6 “Further ordered: That James Ferguson and Frank Ferguson do comply with the order of Judge Ernest Gary, appointing them trustees within ten (10) days from the date of this order, and that in the event they should fail to do so, that the referee do recommend two (2) suitable persons, for the appointment of trustees of the said James M. Ferguson by the Court.

¶7 “Further ordered: That this proceeding be referred to T. J. Mauldin, Esq., of Pickens, South Carolina, as special referee, to take the testimony and report his conclusions of law and of fact, upon the issues raised by the petition and return herein, except as to those issues determined by this order, and that said referee have leave to report any special matter.”

¶8 This order was merely administrative, and not appealable at this time.

¶9 This Court is, therefore, without jurisdiction to determine the questions presented by the exceptions.

¶10 Appeal dismissed.

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