Legal Opinion

Holladay v. Hodge

Supreme Court of South Carolina

Decided October 28, 1909No. 7347PublishedCited by 4 opinions

Before Wilson, J., Clarendon, Petition for writ of prohibition by defendant, Joseph N. Hodge, against plaintiffs, Joseph Holladay, by guardian, Minnie Simpson and Magistrate J. M. Woods. Prom order granting the writ, plaintiffs appeal. cites: Prohibition is not proper remedy: 10 S. C., 303; 1 S. C., 46, 861; 9 Rich.

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Before Wilson, J., Clarendon, Petition for writ of prohibition by defendant, Joseph N. Hodge, against plaintiffs, Joseph Holladay, by guardian, Minnie Simpson and Magistrate J. M. Woods. Prom order granting the writ, plaintiffs appeal. cites: Prohibition is not proper remedy: 10 S. C., 303; 1 S. C., 46, 861; 9 Rich. L-, 100, 292; 41 S. C., 29; 72 S. C., 96; 1 N. & McC., 501; 23 Ala., 94; 33 Ark., 191; 29 Pac., 516; 43 Pac., 568; 2 Nev., 75; 2 Hill, 367; 36 Barb., 341; 29 How. Pr„ 176; 51 Barb., 312; 23 N. Y. Wkly. Dig., 137; 13 Pac., 87; 11 Wis.; 50; 3 N. Y. Cr„ 335; 19 S. E., 376; 35 La.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydricic.

This action was brought in the court of a magistrate to recover the value of services rendered by plaintiff to defendant. The case was called for trial on September 2, 1908. The defendant appeared and demurred to the complaint for insufficiency, in that it appeared that plaintiff was an infant, and it did not appear that his father and mother were dead, or that they had refused to furnish him a home and living, or that he was forced to earn his own living, or that his parents had waived their right, in any way, to his services and…

2Cases cited3 opinions

  1. Lookout Mountain Medicine Co. v. Hare & Co.Supreme Court of South Carolina · 1900
  2. State ex rel. Gibbes v. KirklandSupreme Court of South Carolina · 1894
  3. Harby v. WellsSupreme Court of South Carolina · 1898

3Cited by4 opinions

  1. Ex Parte JonesSupreme Court of South Carolina · 1931
  2. Berry v. LindsaySupreme Court of South Carolina · 1971
  3. Holladay v. HodgeSupreme Court of South Carolina · 1916
  4. Ex parte JonesSupreme Court of South Carolina · 1931

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