Russell v. Benson, No. 1218.

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtOrder by the CHIEF JUSTICE.
Citation17 S.C. 591
PartiesWALLINGFORD & RUSSELL v. BENSON.
Docket NumberNo. 1218.
Decision Date25 May 1882

17 S.C. 591

WALLINGFORD & RUSSELL
v.
BENSON.

No. 1218.

Supreme Court of South Carolina.

April Term, 1882.
May 25, 1882.


Supreme Court of South Carolina.
Order by the CHIEF JUSTICE.

Order dismissing an appeal with costs from an order refusing a motion to vacate an order of arrest, the bond given by the appellant under the order of arrest having been voluntarily cancelled by respondent during the pendency of the appeal.

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7 practice notes
  • Ex parte Hopper, No. 1970259.
    • United States
    • Supreme Court of Alabama
    • January 15, 1999
    ...pending the appeal, he does, or relinquishes the right to do, some act in respect to which the appeal was taken. Wallingford v. Benson, 17 S.C. 591; Foote v. Smith, 8 Wyo. 510, 58 Pac. 898; 2 Cent.Dig. Appeal and Error, § 70 et seq. The condition may also arise from the act of the court a q......
  • Siegelman v. Alabama Ass'n of School Bds.
    • United States
    • Supreme Court of Alabama
    • June 29, 2001
    ...pending the appeal, he does, or relinquishes the right to do, some act in respect to which the appeal was taken. Wallingford v. Benson, 17 S.C. 591; Foote v. Smith, 8 Wyo. 510, 58 P. 898; 2 Cent. Dig. Appeal and Error, § 70 et seq. The condition may also arise from the act of the court a qu......
  • Spence v. Baldwin County Sav. & Loan Ass'n, No. 86-1337
    • United States
    • Alabama Supreme Court
    • September 23, 1988
    ...pending the appeal, he does, or relinquishes the right to do, some act in respect to which the appeal was taken. Wallingford v. Benson, 17 S.C. 591; Foote v. Smith, 8 Wyo. 510, 58 Pac. 898; 2 Cent.Dig. Appeal and Error, § 70 et seq. The condition may also arise from the act of the court a q......
  • C. I. T. Corp. v. Corley, No. 15220.
    • United States
    • United States State Supreme Court of South Carolina
    • February 28, 1941
    ...not pass on academic questions or make any adjudication where there remains no actual controversy. Walling-ford & Russell v. Benson, 17 S.C. 591; Davis v. Atlantic Coast Line R. Co., 106 S. C. 351, 91 S.E. 325. However, in the instant case the letter to the Clerk could scarcely be regar......
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7 cases
  • Ex parte Hopper, No. 1970259.
    • United States
    • Supreme Court of Alabama
    • January 15, 1999
    ...pending the appeal, he does, or relinquishes the right to do, some act in respect to which the appeal was taken. Wallingford v. Benson, 17 S.C. 591; Foote v. Smith, 8 Wyo. 510, 58 Pac. 898; 2 Cent.Dig. Appeal and Error, § 70 et seq. The condition may also arise from the act of the court a q......
  • Siegelman v. Alabama Ass'n of School Bds.
    • United States
    • Supreme Court of Alabama
    • June 29, 2001
    ...pending the appeal, he does, or relinquishes the right to do, some act in respect to which the appeal was taken. Wallingford v. Benson, 17 S.C. 591; Foote v. Smith, 8 Wyo. 510, 58 P. 898; 2 Cent. Dig. Appeal and Error, § 70 et seq. The condition may also arise from the act of the court a qu......
  • Spence v. Baldwin County Sav. & Loan Ass'n, No. 86-1337
    • United States
    • Alabama Supreme Court
    • September 23, 1988
    ...pending the appeal, he does, or relinquishes the right to do, some act in respect to which the appeal was taken. Wallingford v. Benson, 17 S.C. 591; Foote v. Smith, 8 Wyo. 510, 58 Pac. 898; 2 Cent.Dig. Appeal and Error, § 70 et seq. The condition may also arise from the act of the court a q......
  • C. I. T. Corp. v. Corley, No. 15220.
    • United States
    • United States State Supreme Court of South Carolina
    • February 28, 1941
    ...will not pass on academic questions or make any adjudication where there remains no actual controversy. Walling-ford & Russell v. Benson, 17 S.C. 591; Davis v. Atlantic Coast Line R. Co., 106 S. C. 351, 91 S.E. 325. However, in the instant case the letter to the Clerk could scarcely be rega......
  • Request a trial to view additional results

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