Hodge v. Camp
| Decision Date | 27 April 1926 |
| Docket Number | (No. 11966.) |
| Citation | 132 S.E. 822 |
| Parties | HODGE et al. v. SOVEREIGN CAMP, W. O. W., et al. |
| Court | South Carolina Supreme Court |
Appeal from Common Pleas Circuit Court of Sumter County; J. K. Henry, Judge.
Action by Everett E. Hodge and others against the Sovereign Camp, Woodmen of the World, and Lucius L. Hodge. The action was dismissed as to the first-named defendant, and, from an order transferring the trial to the county where the last-named defendant resided, plaintiffs appeal. Reversed.
Reynolds & Reynolds, of Sumter, for appellants.
R. R. McLeod, of Hartsville, for respondent.
PURDY, A. A. J. Alme O. Hodge died in Sumter on June 28, 1924. He was a brother of the respondent, Lucius L. Hodge, and of the appellants. The deceased had taken out a policy of insurance for the benefit of the respondent. It is alleged by the appellants, and denied by the respondent, that subsequently the insured filed his application for a new policy, naming the appellants together with the respondent as his beneficiaries.
When Alme O. Hodge died, the defendant Sovereign Camp, Woodmen of the World, refused to pay the claim of the respondent, but not denying liability to pay whoever might be entitled to receive the money. Two actions were commenced. The respondent brought suit against Sovereign Camp, Woodmen of the World, as sole defendant, in Darlington county (where he then resided, and where he now resides) under the original policy, for the entire amount of the insurance. This was in September or October, 1924.
The appellants in this action, commenced an action in Sumter county against Sovereign Camp, Woodmen of the World, joining the respondent as the party defendant. It does not appear from the record on what date the last-named action was commenced, but time to answer was extended to the defendants, and, on November 21, 1924, an answer was filed for the respondent (in the last-named action).
On January 10, 1925, Sovereign Camp, Woodmen of the World, procured an order from Judge Wilson, by the terms of which order the Sovereign Camp, Woodmen of the World, was permitted to deposit the amount of money due upon the policy with the clerk of the court for Sumter county and have the action dismissed as to it.
The answer of the respondent in this action indicates that the action was commenced some time after the commencement of the action by him in Darlington county. This paragraph is taken from his answer:
"That an action has been commenced by this defendant as plaintiff in the court of common pleas for Darlington county, in the state of South Carolina, against the defendant, the Sovereign Camp, Woodmen of the World, and is now pending, and was at the time of the commencement of this action pending in said court for the collection of the said insurance policy, and this defendant is advised and believes that the plaintiffs in this action should be required to intervene in said action and set up such rights as they have in the subject matter thereof."
Notwithstanding this suggestion made in the answer, the respondent, on December 13, 1924, procured a dismissal of the action pending in Darlington county, in which he was plaintiff, as will appear by the following order:
On April 10, 1925, the respondent gave notice that he would move before Judge Henry for the removal of the case pending in Sumter county to Darlington county, for the reason that the respondent is a resident and citi-zen of that county. This motion was resisted by the appellants, and, over their objection, Judge Henry made an order removing the cause to Darlington county, in which order he says:
"It appearing from the record and the showing made herein, that the defendant, Sovereign Camp, Woodmen of the World, has been released and discharged as a defendant in this case, and this leaves as the sole and only defendant, L. L. Hodge, who is a resident of Darlington county, it therefore appears to the court that this defendant has a substantial right to have said case tried in the county of his residence."
And the clerk of the court of Sumter county was ordered...
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