Jeffers v. Jeffers
Supreme Court of South Carolina
Before Memminger, J., Berkeley, March, 1911. Proceeding in probate court in Berkeley county by Wm. A. Jeffers, executor of the will of William Jeffers, against Mary E. Jeffers, to have the will of William Jeffers probated in due form. From Circuit order refusing motion for new trial petitioner appeals. cite: Relationship to party disqualifies Judge: Con., art. V, sec. 6; Code 1902, 2820, 2468; 57 S. C. 143; 61 S. C. 29. As to waiver and due diligence: 64 S. C. 201.
1Opinion of the Court
July 8, 1911. The opinion of the Court was delivered by This is an appeal from an order of the Circuit Court, refusing a motion for a new trial in the probate court, on the ground that the probate judge, at the time of filing the decree herein rendered by him, was related to one of the parties to the action, within the sixth degree.
The proceedings were instituted in the probate court, on the 8th of February, 1909, at which time an order was made, requiring William A. Jeffers, executor of the will of William Jeffers, deceased, to take such steps as were necessary, to have said will probated in…
2Cases cited8 opinions
- Oakley v. . AspinwallNew York Court of Appeals · 1850
- Roberts v. RobertsSupreme Court of Georgia · 1902
- State v. RobertsonSupreme Court of South Carolina · 1899
- Jenkins v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1909
- Gulf, Colorado & Santa Fe Railway Co. v. LooneyCourt of Appeals of Texas · 1906
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3Cited by3 opinions
- State v. BordelonSupreme Court of Louisiana · 1917
- Hyde v. LoganSupreme Court of South Carolina · 1919
- Bishop v. NicholsonSupreme Court of South Carolina · 1928