provision rule (South Carolina) · Go Syfert
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provision rule in South Carolina

14 South Carolina opinions name it 2 courts 1905–2021 1 in the last five years

The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Taylor v. Lindseygreen
sc · 1998 · cited in 5 South Carolina opinions naming this issue, 2005–2007
2 sentences

2007Dep’t of Natural Res. v. Town of McClellanville , 345 S.C. 617, 622 , 550 S.E.2d 299, 302 (2001) (quoting Taylor v. Lindsey , 332 S.C. 1, 4-5 , 498 S.E.2d 862, 863-64 (1998)). “It is still the settled rule in this jurisdiction that restrictions as to the use of real estate should be strictly construed and all doubts resolved in favor of free use of the property, subject, however, to the provision that this rule of strict construction should not be applied so as to defeat the plain and obvious purpose of the instrument.” Id.

2007Dep’t of Natural Res. v. Town of McClellanville , 345 S.C. 617, 622 , 550 S.E.2d 299, 302 (2001) (quoting Taylor v. Lindsey , 332 S.C. 1, 4-5 , 498 S.E.2d 862, 863-64 (1998)). “It is still the settled rule in this jurisdiction that restrictions as to the use of real estate should be strictly construed and all doubts resolved in favor of free use of the property, subject, however, to the provision that this rule of strict construction should not be applied so as to defeat the plain and obvious purpose of the instrument.” Id.

35
South Carolina Department of Natural Resources v. Town of McClellanvillegreen
sc · 2001 · cited in 2 South Carolina opinions naming this issue, 2006–2007
2 sentences

2007Dep’t of Natural Res. v. Town of McClellanville , 345 S.C. 617, 622 , 550 S.E.2d 299, 302 (2001) (quoting Taylor v. Lindsey , 332 S.C. 1, 4-5 , 498 S.E.2d 862, 863-64 (1998)). “It is still the settled rule in this jurisdiction that restrictions as to the use of real estate should be strictly construed and all doubts resolved in favor of free use of the property, subject, however, to the provision that this rule of strict construction should not be applied so as to defeat the plain and obvious purpose of the instrument.” Id.

2007Dep’t of Natural Res. v. Town of McClellanville , 345 S.C. 617, 622 , 550 S.E.2d 299, 302 (2001) (quoting Taylor v. Lindsey , 332 S.C. 1, 4-5 , 498 S.E.2d 862, 863-64 (1998)). “It is still the settled rule in this jurisdiction that restrictions as to the use of real estate should be strictly construed and all doubts resolved in favor of free use of the property, subject, however, to the provision that this rule of strict construction should not be applied so as to defeat the plain and obvious purpose of the instrument.” Id.

12
State v. Blairgreen
sc · 1981 · cited in 1 South Carolina opinions naming this issue, 1997–1997
2 sentences

1997See State v. Blair, 275 S.C. 529, 533 , 273 S.E.2d 536, 538 (1981) (While the word "shall" may sometimes be construed as permissive, "a statutory provision is generally regarded as mandatory where the power or duty to which it relates is for the security or protection of private rights.").

1997See State v. Blair, 275 S.C. 529, 533 , 273 S.E.2d 536, 538 (1981) (While the word "shall" may sometimes be construed as permissive, "a statutory provision is generally regarded as mandatory where the power or duty to which it relates is for the security or protection of private rights.").

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Jeter v. South Carolina Department of Transportation green
sc · 2006
2 sentences

2007This provision of the rule allows a party to join an action where "he claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may as a practical matter impair or impede his ability to protect that interest." Id.

2007This provision of the rule allows a party to join an action where “he claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may as a practical matter impair or impede his ability to protect that interest.” Id.

22007–2007
Bryant v. Waste Management, Inc. green
scctapp · 2000
2 sentences

2021See Rule 25(c) ("In case of any transfer of interest, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party."); Bryant, 342 S.C. at 164 n.2, 536 S.E.2d at 382 n.2 ("Rule 25(c) is applicable whe[n] there is a transfer of interest during the pendency of an action . . . ."); Rule 25(e) ("Substitution of parties under the provision of this rule may be made by the trial court either before or after judgment, or pending appeal, by the appellate

2021See Rule 25(c) ("In case of any transfer of interest, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party."); Bryant, 342 S.C. at 164 n.2, 536 S.E.2d at 382 n.2 ("Rule 25(c) is applicable whe[n] there is a transfer of interest during the pendency of an action . . . ."); Rule 25(e) ("Substitution of parties under the provision of this rule may be made by the trial court either before or after judgment, or pending appeal, by the appellate

12021–2021
Pinheiro v. MED. MALPRACTICE JOINT UNDERWRITING ASS'N green
mass · 1989
2 sentences

2000In the later case of Pinheiro, et al. v. The Medical Malpractice Joint Underwriting Assoc., 406 Mass. 288 , 547 N.E.2d 49 (1989), the Supreme Judicial Court of Massachusetts explicated: In Bilodeau , we were called on to determine whether a loss of consortium claimant was entitled to a separate “per person” limit of recovery under the provision of the standard Massachusetts automobile liability insurance policy, [which provided “The most we will pay for injuries to any one person as a result of any one accident is [$10,000].” Pinheiro, 547 N.E.2d at 53 n. 10.] We reasoned in Bilodeau that, “fo

2000In the later case of Pinheiro, et al. v. The Medical Malpractice Joint Underwriting Assoc., 406 Mass. 288 , 547 N.E.2d 49 (1989), the Supreme Judicial Court of Massachusetts explicated: In Bilodeau , we were called on to determine whether a loss of consortium claimant was entitled to a separate “per person” limit of recovery under the provision of the standard Massachusetts automobile liability insurance policy, [which provided “The most we will pay for injuries to any one person as a result of any one accident is [$10,000].” Pinheiro, 547 N.E.2d at 53 n. 10.] We reasoned in Bilodeau that, “fo

12000–2000
Cothran v. Stroman green
sc · 1965
1 sentence

1975McDonald v. Welborn, 220 S. C. 10, 66 S. E. (2d) 327 ; Maxwell v. Smith, 228 S. C. 182, 89 S. E. (2d) 280 ; Cothran v. Stroman, 246 S. C. 42, 142 S. E. (2d) 368 ; Baltz, Inc. v. R.

11975–1975
Maxwell v. Smith green
sc · 1955
1 sentence

1975McDonald v. Welborn, 220 S. C. 10, 66 S. E. (2d) 327 ; Maxwell v. Smith, 228 S. C. 182, 89 S. E. (2d) 280 ; Cothran v. Stroman, 246 S. C. 42, 142 S. E. (2d) 368 ; Baltz, Inc. v. R.

11975–1975
McDONALD v. WELBORN green
sc · 1951
1 sentence

1975McDonald v. Welborn, 220 S. C. 10, 66 S. E. (2d) 327 ; Maxwell v. Smith, 228 S. C. 182, 89 S. E. (2d) 280 ; Cothran v. Stroman, 246 S. C. 42, 142 S. E. (2d) 368 ; Baltz, Inc. v. R.

11975–1975
Henry Mercantile Co. v. Georgetown & W. R. Co. neutral
sc · 1916
1 sentence

1935The complaint alleges that insured “had a right, under the terms of the policy, to change the beneficiary at any time.” The answer alleges that the policy “contained a provision and clause to- the effect that the beneficiary could only be changed by written request to the office of the company together with said policy of insurance, so that such change might be endorsed on said policy.” As was said in the case of Henry Mercantile Co. v. Railway Co., 104 S. C., 478, 89 S. E., 480, 481 , the essential fact “was not a disputed question.” The *236 second objection to this testimony, to the effect

11935–1935
State v. Applegarth green
md · 1895
2 sentences

1928L., at page 483, it is said: “A decided majority of the cases hold that the constitutional provision which imposes equality and uniformity of taxation has no application to an occupation or license tax, but is limited to- a direct property tax, which is assessed and collected in the usual way, although the license fee may be regulated by the amount of business done, with a provision for the privilege of paying a maximum fixed amount instead.” See State v. Applegarth, 81 Md., 293 ; 31 A., 961 ; 28 L.

1928L., at page 483, it is said: “A decided majority of the cases hold that the constitutional provision which imposes equality and uniformity of taxation has no application to an occupation or license tax, but is limited to- a direct property tax, which is assessed and collected in the usual way, although the license fee may be regulated by the amount of business done, with a provision for the privilege of paying a maximum fixed amount instead.” See State v. Applegarth, 81 Md., 293 ; 31 A., 961 ; 28 L.

11928–1928
Hardin v. Trimmier neutral
sc · 1887
1 sentence

1905We think the act of 1898 has no application to this case because it is expressly provided in that act that it shall “not apply to contracts made before it goes into effect.” Because of this provision the rule stated in Hardin v. Trimmier, 27 S. C., 110, 3 S. E., 46 , cannot apply.

11905–1905

Where else courts name it

CA 121 (1890–2025) TX 103 (1890–2025) OH 96 (1917–2026) PA 65 (1907–2020) NY 58 (1854–2023) FL 49 (1942–2024) IL 48 (1898–2026) MA 34 (1923–2019) MI 30 (1894–2026) UT 21 (1975–2024) NJ 20 (1950–2025) MO 19 (1904–2018) WA 17 (1893–2026) IA 16 (1896–2024) MN 15 (1916–2017) MD 15 (1933–2019) GA 14 (1911–2017) SC 14 (1905–2021) AL 14 (1901–2013) OR 14 (1943–2026) LA 14 (1936–2015) MS 14 (1922–2021) CO 13 (1905–2022) NM 13 (1937–2021) OK 12 (1918–2022) AR 12 (1912–2022) WI 12 (1925–2022) CT 12 (1932–2016) TN 12 (1902–2022) NC 10 (1960–2025) VA 9 (1974–2024) IN 9 (1913–2024) KY 8 (1903–2007) AZ 8 (1962–2024) NH 7 (1977–2024) WV 7 (1932–2018) ID 7 (1942–2012) DE 7 (1967–2024) VT 6 (2015–2021) KS 6 (1913–1997) HI 6 (1902–2010) WY 5 (1923–2013) AK 5 (1974–1998) NE 5 (1920–2015) DC 5 (1982–2014) ND 5 (1909–2011) NV 4 (1970–2023) SD 3 (1970–1994) RI 3 (1998–2013) PR 2 (1954–1965) MT 2 (2012–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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