Ex parte Ferguson

• Decision Date: 20 May 1909
• Parties: Ex parte FERGUSON. v. FERGUSON et al. FERGUSON et al.
• Court: South Carolina Supreme Court

64 S.E. 750

82 S.C. 563

Ex parte FERGUSON.

FERGUSON et al. v. FERGUSON et al.

Supreme Court of South Carolina

May 20, 1909

Appeal from Common Pleas Circuit Court of Pickens County; J. C Klugh and G. W. Gage, Judges.

Ex parte proceeding by James M. Ferguson, in the case of James M. Ferguson, trustee, and others against John Ferguson and others, heirs at law of Mrs. H. M. Ferguson, deceased. From an order, defendants appeal. Dismissed.

J. J McSwain, for appellants.

F. F Beattie and E. M. Blythe, for respondents.

GARY A. J.

This is an ex parte proceeding, in re the case mentioned in the record. 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 S. C., on March 24, 1908, at 11 o'clock a. m., or at such time as may be designated by the court, why the sum of $3,965.79, and the further sum of $1,661.66 should not be paid to James M. Ferguson, or his attorneys, and to further show cause why trustees should not be appointed to take charge of the said sum of $2,500, to invest the same and pay over the interest thereof annually to the said James M. Ferguson." The appellants made return to the rule to show cause, whereupon the circuit judge made an order, which concludes as follows: "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 nonresident parties to be served by publication. Further ordered that James Ferguson and Frank Ferguson do comply with the order of Judge Ernest Gary, appointing them trustees, within 10 days from the date of this order, and that in the event they should fall to do so, the referee do recommend two suitable persons, for the appointment of trustees of the said James M. Ferguson by the court. Further ordered that this proceeding be referred to T. J. Mauldin, Esq., of Pickens, S. C., 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." This order was merely administrative, and not appealable at this time. This court is therefore without jurisdiction to determine the questions presented by the exceptions.

...