Wilkie v. Murphy
Supreme Court of South Carolina
Before Wilson, J., Greenwood, December, 1910. Action by Jane Wilkie against Foster Murphy in Court of Magistrate W. G. Austin. From Circuit order affirming judgment of magistrate, defendant appeals. cites: This is a proceeding to enforce a statutory lein and magistrate has no jurisdiction: art. V, sec. 21; 60 S. C. 105; 13 Fncy.
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Before Wilson, J., Greenwood, December, 1910. Action by Jane Wilkie against Foster Murphy in Court of Magistrate W. G. Austin. From Circuit order affirming judgment of magistrate, defendant appeals. cites: This is a proceeding to enforce a statutory lein and magistrate has no jurisdiction: art. V, sec. 21; 60 S. C. 105; 13 Fncy. P. & P. 123; 14 S. C. 35; 15 S. C. 548; 28 Kan. 441; 52 S. C. 161. Magistrate can only divide crop in kind: 14 S. C. 35. Agreement to pay debt of husband is not a collateral promise: 68 S. C. 378; 77 S. C. 460. cite: Agreement to submit to magistrate certain issues…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Jones.
This action was commenced in a magistrate’s court at Cokesbury, in Greenwood county, by service of a summons as follows:
“Whereas Jane Wilkie has complained unto me that she in the year 1909 worked a crop on shares as laborer on your lands; that the crop has not been divided; that you refused to divide, and that she is unable to get a division of the said crop, these are therefore, to summon and command you to be and appear before me on Saturday, November 20, 1909, at ten o’clock at the place where the said crop was grown for the…
2Cases cited2 opinions
- Ellis & Co. v. CarrollSupreme Court of South Carolina · 1904
- Lee v. UnkeferSupreme Court of South Carolina · 1907
3Cited by1 opinion
- Stephens v. WheelerSupreme Court of South Carolina · 1932