Legal Opinion

Ex parte White

Supreme Court of South Carolina

Decided October 20, 1890PublishedCited by 14 opinions

Before Wallace, J., Colleton, June, 1889. This was a petition by Georgiana White, in re the estate of Thomas M. Peeples, deceased. From the order of the Circuit Court made on motion at the hearing of an appeal in that court from a decree of the Probate Court dismissing this petition, the appeal comes to this court on the following grounds taken by the defendant: I. Because his honor had no jurisdiction at chambers to grant the said order. II.

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Before Wallace, J., Colleton, June, 1889. This was a petition by Georgiana White, in re the estate of Thomas M. Peeples, deceased. From the order of the Circuit Court made on motion at the hearing of an appeal in that court from a decree of the Probate Court dismissing this petition, the appeal comes to this court on the following grounds taken by the defendant: I. Because his honor had no jurisdiction at chambers to grant the said order. II. Because the Circuit Court was without jurisdiction to grant such order. III. Because his honor, Judge Wallace, not having heard the testimony, could not…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice McIver.

Inasmuch as the question presented by this appeal does not involve any of the questions raised by the pleadings, but only involves the validity of a preliminary order, it will not be necessary to make so full a statement of the facts as would otherwise be proper. We will therefore confine ourselves to a statement of so much as may be necessary for a proper understanding of the question raised by this appeal.

The proceeding was 'originally commenced in the Court of Probate for Colleton County, by petition filed by Georgiana White,…

2Cited by14 opinions

  1. Matter of HowardSupreme Court of South Carolina · 1993
  2. Porter v. PorterSupreme Court of South Carolina · 1965
  3. In Re Estate of WeeksCourt of Appeals of South Carolina · 1997
  4. Mordecai v. CantySupreme Court of South Carolina · 1910
  5. Epperson v. JacksonSupreme Court of South Carolina · 1909

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