Legal Opinion

Davenport v. Davenport

Supreme Court of South Carolina

Decided August 16, 1901PublishedCited by 2 opinions

Before Ardrich, J., Greenville, November, 1900. Petition in probate court for dower by Temperance Davenport against Robert L. Davenport.

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Before Ardrich, J., Greenville, November, 1900. Petition in probate court for dower by Temperance Davenport against Robert L. Davenport. From order dismissing appeal from probate court by defendant, he appeals. cites: Testimony taken by stenographer in probate court is no part of record to be certified up: Code, 60, 274; 4 S. C., 37; 33 S. C., 442; 19 S. C., 286. Appeal was taken in due time, and return filed, was all the law required: Code, 57, 58, 61; 35 S. C., 420. cite: Filing of certified copies after opening of next term of C. C. Court is too late: Code, 58; 35 S C., 420.

1Opinion of the Court

The opinion -of the Court was delivered by

Mr. Justice Jones.

This was a proceeding for the ad-measurement of dower, originally instituted in the probate oourt for Greenville County. A decree in favor of the petitioner was filed in the probate court on the 27th day of September, 1900, and on the 10th day of October, 1900, a notice and grounds of appeal to the Circuit -Court were duly -served on the petitioner’s attornej'S and filed in the probate -court. On the 12th day of October, 1900, copies of the following papers duly -certified by the probate judge were filed in -the office of the clerk…

2Cited by2 opinions

  1. Fultz v. McKnightSupreme Court of South Carolina · 1923
  2. Boggs-Tate Co. v. BishopSupreme Court of South Carolina · 1929

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