Legal Opinion

State v. Gandy

Supreme Court of South Carolina

Decided February 22, 1911No. 7776PublishedCited by 4 opinions

Before Memminger, J., Darlington, April, 1910. Indictment against Eli Gandy in Court of Magistrate C. K. Rouse. From order dismissing appeal, defendant appeals. cite: Sunday should be excluded: 80 S. C. 156; 76 S. C. 176; 78 Am. Sf. R. 379; 28 Ency. 223; 76 S. C. 176. Judicial acts on Sunday are usually held void: 3 E. R. A. 658; 49 L. R. A. 218; 30 E. R. A. 498. cite: Sunday should be included: 19 S. C. 143; 57 S. C. 50; 2 Ency. P. & P. 266; 78 Am.

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Before Memminger, J., Darlington, April, 1910. Indictment against Eli Gandy in Court of Magistrate C. K. Rouse. From order dismissing appeal, defendant appeals. cite: Sunday should be excluded: 80 S. C. 156; 76 S. C. 176; 78 Am. Sf. R. 379; 28 Ency. 223; 76 S. C. 176. Judicial acts on Sunday are usually held void: 3 E. R. A. 658; 49 L. R. A. 218; 30 E. R. A. 498. cite: Sunday should be included: 19 S. C. 143; 57 S. C. 50; 2 Ency. P. & P. 266; 78 Am. St. R. 379; 14 E. R. A. 120; 49 L. R. A. 204; 15 E. R. A., N. S. 687; 57 S. C. 52; 15 S. C. 110; 16 S. C. 593; 76 S. C. 176; Crim. Code 66, 67,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Jones.

Defendant was found guilty of a misdemeanor before a magistrate and a jury, and was sentenced therefor on October 12, 1909. Notice and grounds of appeal were mailed to the magistrate but were not received by him until October 18th on which date he accepted service, and made report to the Circuit Court. In a supplementary report the magistrate stated that from all the circumstances he believed that the notice and grounds of appeal were mailed to him on October 16, 1909, and were in the postoffice at Hartsville, S. C., on October…

2Cases cited1 opinion

  1. Gibbes v. BeckettSupreme Court of South Carolina · 1910

3Cited by4 opinions

  1. Croissant v. DeSoto Improvement Co.Supreme Court of Florida · 1924
  2. O'Rouke v. Atlantic Paint Co.Supreme Court of South Carolina · 1912
  3. Royal Exchange Assurance v. Bennettsville & Cheraw RailroadSupreme Court of South Carolina · 1913
  4. Park & Tilford Import Corp. v. United StatesCourt of Customs and Patent Appeals · 1936

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