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CALVERT FIRE INS. CO. v. JAMES

17664

236 S.C. 431 (1960)

114 S.E.2d 832

CALVERT FIRE INSURANCE COMPANY, Appellant, v. JAMES, Respondent.

Supreme Court of South Carolina.

June 6, 1960.

Attorney(s) appearing for the Case

Messrs. J. Preston Warren and Walter B. Wilbur, of Charleston, for Appellant.

Messrs. Hagood, Rivers & Young, of Charleston, for Respondent, Mattson Fuel Oil Company, Inc..

Messrs. J. Preston Warren and Walter B. Wilbur, of Charleston, for Appellant, in reply.

June 6, 1960.

LEGGE, Justice.

Calvert Fire Insurance Company, plaintiff below, appeals from an order sustaining a demurrer to its complaint, for insufficiency, by the defendant Mattson Fuel Oil Company. It appears that the other defendant, Norman James, could not be found within the jurisdiction, and that no service upon him was made. Following is the substance of the complaint:

On December 29, 1956, as the...

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