Wideman v. Patton
Supreme Court of South Carolina
Before Townsend, J., Greenwood, August term, 1901. Action by Janie Wideman, by her guardian ad litem, J. W. McCaslan, against George Patton.
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Before Townsend, J., Greenwood, August term, 1901. Action by Janie Wideman, by her guardian ad litem, J. W. McCaslan, against George Patton. Prom judgment for plaintiff in magistrate court, defendant appeals, and from Circuit judgment, plaintiff appeals. cites : Court will take judicial notice of its own records: ij Ency., 2 ed., 925. Defendant cannot both answer and demur: Code, 164. Objection to capacity to sue must be by demurrer: 21 S. C., 27. Magistrate may appoint guardian ad litem in his court: Code, 136, 88 sub., 15. Circuit Court cannot grant new trial in magistrate court in case on…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This action was commenced in a magistrate court to recover the possession of personal property, and resulted in a verdict and judgment for the plaintiff. Defendant appealed to the Circuit Court on several exceptions, two of which only were considered by the Circuit Judge: (1) That there was no evidence to establish the fact that a guardian ad litem had been appointed for the plaintiff, who was a minor. (2) That the magistrate erred in holding that he could appoint a guardian ad litem. The Circuit Court ordered a new trial, sustaining…
2Cited by2 opinions
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