Legal Opinion

Lorick & Lowrance v. Motley

Supreme Court of South Carolina

Decided September 13, 1904PublishedCited by 13 opinions

Before Townsend, J., Kershaw, June, 1903. Contempt proceedings at instance of Eorick & Eowrance against William Motley. From Circuit decree, defendant, Motley, appeals. cites: Judge without jurisdiction: 49 S. C., 199; 64 S. C., 425; Code 1902, 2734; Code of Proc., 264. Penalty cannot be adjudged paid to aggrieved party: 7 Ency., 2 ed., 67, n. 3; or be imprisoned: 28 S. C., 353; Con. 1895, art. I., sec. 24; 1 Rich.

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Before Townsend, J., Kershaw, June, 1903. Contempt proceedings at instance of Eorick & Eowrance against William Motley. From Circuit decree, defendant, Motley, appeals. cites: Judge without jurisdiction: 49 S. C., 199; 64 S. C., 425; Code 1902, 2734; Code of Proc., 264. Penalty cannot be adjudged paid to aggrieved party: 7 Ency., 2 ed., 67, n. 3; or be imprisoned: 28 S. C., 353; Con. 1895, art. I., sec. 24; 1 Rich. Eq., 280. cite: This is a civil proceeding, and State not properly a party: 49 S. C., 204. Dam^ ages may be given instead of ñne for punishment: Rapalje on Contempt, 176, 180, 183,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

This is an appeal from an order of the Court of Common Pleas, adjudging the defendant guilty of a wilful violation of a decree of the Court of Common Pleas, and committing him to- jail until he “shall pay unto the clerk of said Court for the plaintiffs herein the sum of one hundred dollars., together with the sheriff’s fees and any other costs that may arise, or until further order of this Court.”

The defendant asks the reversal of the order on three grounds. First. Because the order, as he alleges, was granted at chambers, and for…

2Cases cited3 opinions

  1. Barrett v. JamesSupreme Court of South Carolina · 1889
  2. Harrell v. ParrottSupreme Court of South Carolina · 1897
  3. Golson v. HolmanSupreme Court of South Carolina · 1888

3Cited by13 opinions

  1. Curlee v. HowleSupreme Court of South Carolina · 1982
  2. Floyd v. FloydCourt of Appeals of South Carolina · 2005
  3. State ex rel. Nicomen Boom Co. v. North Shore Boom & Driving Co.Washington Supreme Court · 1909
  4. Harris-Jenkins v. Nissan Car Mart, Inc.Court of Appeals of South Carolina · 2001
  5. Jarrell v. Petoseed Co., Inc.Court of Appeals of South Carolina · 1998

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