7 South Carolina opinions name it 2 courts 1945–2013 0 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.
| Case | Followed | Cited |
|---|---|---|
Wright v. Sparrowgreen2 sentences2013Wright v. Sparrow, 298 S.C. 469, 474 , 381 S.E. 2d 503, 507 (Ct. App. 1989). 4. 2013Wright v. Sparrow, 298 S.C. 469, 474 , 381 S.E. 2d 503, 507 (Ct. App. 1989). 4. | 1 | 1 |
O'Neil v. O'Neilgreen2 sentences2011Instead, courts must require the settling parties to put forward some “forecast of evidence indicating that at trial [they] would be able to show that a bona fide dispute existed as to the validity of the [estate provisions] in question.” Holt v. Holt, 304 N.C. 137 , 282 S.E.2d 784, 785 (1981); see also O’Neil v. O’Neil, 271 N.C. 106 , 155 S.E.2d 495, 501 (1967) (“The record discloses no information as to the circumstances under which the ‘Will’ was drafted. 2011Instead, courts must require the settling parties to put forward some “forecast of evidence indicating that at trial [they] would be able to show that a bona fide dispute existed as to the validity of the [estate provisions] in question.” Holt v. Holt, 304 N.C. 137 , 282 S.E.2d 784, 785 (1981); see also O’Neil v. O’Neil, 271 N.C. 106 , 155 S.E.2d 495, 501 (1967) (“The record discloses no information as to the circumstances under which the ‘Will’ was drafted. | 1 | 1 |
Russell v. Wachovia Bank, N.A.green2 sentences2011See Russell v. Wachovia Bank, N.A., 370 S.C. 5 , 633 S.E.2d 722 (finding no-contest clause was valid and enforceable where claims of undue influence lacked probable cause in that they did not represent a bona fide inquiry into the testators carefully drafted estate plans). 31 While I agree with the majority that the purpose of a settlement agreement is not to litigate the merits of the claims against the estate, accusations in a complaint and inferences made from other fragmented facts in the Record cannot form the basis of a good faith controversy to invalidate an otherwise carefully drafted 2011See Russell v. Wachovia Bank, N.A., 370 S.C. 5 , 633 S.E.2d 722 (finding no-contest clause was valid and enforceable where claims of undue influence lacked probable cause in that they did not represent a bona fide inquiry into the testators carefully drafted estate plans). 31 While I agree with the majority that the purpose of a settlement agreement is not to litigate the merits of the claims against the estate, accusations in a complaint and inferences made from other fragmented facts in the Record cannot form the basis of a good faith controversy to invalidate an otherwise carefully drafted | 1 | 1 |
Holt v. Holtgreen2 sentences2011Instead, courts must require the settling parties to put forward some “forecast of evidence indicating that at trial [they] would be able to show that a bona fide dispute existed as to the validity of the [estate provisions] in question.” Holt v. Holt, 304 N.C. 137 , 282 S.E.2d 784, 785 (1981); see also O’Neil v. O’Neil, 271 N.C. 106 , 155 S.E.2d 495, 501 (1967) (“The record discloses no information as to the circumstances under which the ‘Will’ was drafted. 2011Instead, courts must require the settling parties to put forward some “forecast of evidence indicating that at trial [they] would be able to show that a bona fide dispute existed as to the validity of the [estate provisions] in question.” Holt v. Holt, 304 N.C. 137 , 282 S.E.2d 784, 785 (1981); see also O’Neil v. O’Neil, 271 N.C. 106 , 155 S.E.2d 495, 501 (1967) (“The record discloses no information as to the circumstances under which the ‘Will’ was drafted. | 1 | 1 |
Rice v. Multimedia, Inc.green2 sentences2010See Rice, 318 S.C. at 99 , 456 S.E.2d at 383 (in enacting the Payment of Wages Act, “the legislature intended to punish the employer who forces the employee to resort to the court in an unreasonable or bad faith wage dispute.”). 2010See Rice, 318 S.C. at 99 , 456 S.E.2d at 383 (in enacting the Payment of Wages Act, “the legislature intended to punish the employer who forces the employee to resort to the court in an unreasonable or bad faith wage dispute.”). | 1 | 1 |
Walker v. Glenngreen1 sentence1945See Walker v. Glenn, 124 S. C., 501, 117 S. E., 723 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bell v. Bank of Abbeville
green
2 sentences1962Again, we quote from Bell v. Bank of Abbeville, supra: “Reverting to the primary question wherther there is in the record any credible testimony pointing to the fact that the occasion was used for the unlawful purpose of defaming and injuring the respondent, rather than to make a bona fide inquiry into complaints against the handling of the bank’s affairs, we are unable to find in the record anything substantial upon which to support the burden which rested on the respondent to prove his case.” Having reached the conclusion that the communication sent by the appellant to its office in Greenvil 1953R. 114. *74 Similarity of the facts at hand with those involved in the recent cáse of Bell v. Bank of Abbeville, 211 S. C. 167, 44 S. E. (2d) 328, 331 , is seen from the following quotation from the opinion in it: “Reverting to the primary question whether there is in the record any credible testimony pointing to the fact that the occasion was used for the unlawful purpose of defaming and injuring the respondent, rather than to make a bona fide inquiry into complaints against the handling of the bank’s affairs, we are unable to find in the record anything substantial upon which to support the | 3 | 1953–1989 |
Cartwright v. HERALD PUB. CO.
green
1 sentence1962Cartwright v. Herald Publishing Company et al., 220 S. C. 492, 68 S. E. (2d) 415 ; Kirby v. Gulf Refining Company et al., 173 S. C. 224, 175 S. E. 535 ; Bell v. Bank of Abbeville, 208 S. C. 490, 38 S. E. (2d) 641 . *182 We have carefully examined the record in this case for any evidence showing that the appellant was actuated by ill will or malice in making the communication here involved. | 1 | 1962–1962 |
Kirby v. Gulf Refining Co.
neutral
1 sentence1962Cartwright v. Herald Publishing Company et al., 220 S. C. 492, 68 S. E. (2d) 415 ; Kirby v. Gulf Refining Company et al., 173 S. C. 224, 175 S. E. 535 ; Bell v. Bank of Abbeville, 208 S. C. 490, 38 S. E. (2d) 641 . *182 We have carefully examined the record in this case for any evidence showing that the appellant was actuated by ill will or malice in making the communication here involved. | 1 | 1962–1962 |
Bell v. Bank of Abbeville
green
1 sentence1962Cartwright v. Herald Publishing Company et al., 220 S. C. 492, 68 S. E. (2d) 415 ; Kirby v. Gulf Refining Company et al., 173 S. C. 224, 175 S. E. 535 ; Bell v. Bank of Abbeville, 208 S. C. 490, 38 S. E. (2d) 641 . *182 We have carefully examined the record in this case for any evidence showing that the appellant was actuated by ill will or malice in making the communication here involved. | 1 | 1962–1962 |
Gwynn v. Citizens' Telephone Co.
green
1 sentence1945One may wilfully or intentionally abandon a contract under a bona fide claim of right without being subject to the charge of fraud, though in fact the other party had not impaired his right to require performance.” *169 And in the case of Gwynn v. Citizens’ Telephone Co., 69 S. C., 434, 48 S. E., 460 , 67 L. | 1 | 1945–1945 |
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.