Legal Opinion

Holladay v. Hodge

Supreme Court of South Carolina

Decided October 30, 1909No. 7352PublishedCited by 4 opinions

Before Watts, J., Clarendon, Action by Joseph Holladay, by guardian, against Joseph N. Hodge and Martha Hodge. From order appointing receiver, defendant appeals. cites: Another action pending defeats this action: Code of Proc., 165; 53 S. C., 155; 15 Ga., 370'; Hob., 137; 35 N. E., 393; 1 Cyc., 33, 761-3; 51 S. C., 134. Complaint does not show plaintiff had any apparent right to property: 79 S. C., 103; 18 S. C., 513. Contract must be witnessed: Code 1903, 3715; 79 S. C.,…

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Before Watts, J., Clarendon, Action by Joseph Holladay, by guardian, against Joseph N. Hodge and Martha Hodge. From order appointing receiver, defendant appeals. cites: Another action pending defeats this action: Code of Proc., 165; 53 S. C., 155; 15 Ga., 370'; Hob., 137; 35 N. E., 393; 1 Cyc., 33, 761-3; 51 S. C., 134. Complaint does not show plaintiff had any apparent right to property: 79 S. C., 103; 18 S. C., 513. Contract must be witnessed: Code 1903, 3715; 79 S. C., 103; 18 S. C., 513.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

The plaintiff brought an action in the court of a magistrate and obtained judgment against defendant for the sum of $48. The magistrate certified that the judgment was for services rendered by plaintiff to defendant in making his crops of 1908. On application of the defendant his Honor, Judge Wilson, issue a writ of prohibition against the enforcement of the judgment, holding that the magistrate had no jurisdiction. The plaintiff appealed from the order allowing the writ, and brought this action for injunction and the appointment of…

2Cases cited4 opinions

  1. Pelzer, Rodgers & Co. v. HughesSupreme Court of South Carolina · 1887
  2. Harmon v. WagenerSupreme Court of South Carolina · 1890
  3. Burnside v. WatkinsSupreme Court of South Carolina · 1890
  4. Willingham v. WillinghamSupreme Court of South Carolina · 1899

3Cited by4 opinions

  1. First Nat. Bank of Anadarko v. MillsSupreme Court of Oklahoma · 1928
  2. Lombard Iron Works & Supply Co. v. Town of AllendaleSupreme Court of South Carolina · 1938
  3. Holladay v. HodgeSupreme Court of South Carolina · 1916
  4. Holliday v. HodgeSupreme Court of South Carolina · 1911

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