Jenkins v. Jenkins
Supreme Court of South Carolina
Before Klugh, J., Greenville, .April, 1908. Action by Mettie Z. Jenkins and Nora Maj*- Jenkins against J. W. Jenkins, Jr., et al. Prom Circuit order, allowing claim of J. H. Jenkins, plaintiffs appeal. cite: Order not appealed from can not be reviewed under notice to sustain: 51 S. C., 313q 54 S. C., 526. Circuit Judge had power to permit service of case and exceptions after time: 49 S. C., 374. Burden was on those presenting the note throughout: 33 S. C., 190’; 1 Green.
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Before Klugh, J., Greenville, .April, 1908. Action by Mettie Z. Jenkins and Nora Maj*- Jenkins against J. W. Jenkins, Jr., et al. Prom Circuit order, allowing claim of J. H. Jenkins, plaintiffs appeal. cite: Order not appealed from can not be reviewed under notice to sustain: 51 S. C., 313q 54 S. C., 526. Circuit Judge had power to permit service of case and exceptions after time: 49 S. C., 374. Burden was on those presenting the note throughout: 33 S. C., 190’; 1 Green. Ev., sec. 74. cites: Insufficiency of expert testimony: 41 & C., 191; 33 S. C., 116; 24 S. C., 296; 18 S. C., 50-7; Moo-n…
1Dissent
Mr. Justice Woods,
1 concurring and dissenting. I concur in the opinion that this Court has jurisdiction to review the findings of fact by the Circuit Judge, as to whether J. H. Jenkins had forged the signature of J. W. Jenkins to the paper presented to the master as a note of J. W. Jenkins.
The action was brought for partition, and for the settlement of the estate of J. W. Jenkins, and, therefore, the issue of fact, as to the genuineness of the signature to the note, was not “an issue of fact in an action for recovery of money only, or of specific real or personal property,” and did not fall…
2Cases cited7 opinions
- In Re Solomons' EstateSupreme Court of South Carolina · 1906
- Loan & Exchange Bank v. PeterkinSupreme Court of South Carolina · 1898
- Johnson v. JohnsonSupreme Court of South Carolina · 1895
- Dyson v. JonesSupreme Court of South Carolina · 1903
- Holliday v. HughesSupreme Court of South Carolina · 1899
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