Bell v. Pruit
Supreme Court of South Carolina
Before Watts, J., Abbeville, June, 1897. Action by Jessie R. Bell against M. E. Pruit in magistrate’s court. Judgment for plaintiff. Defendant appeals. Appeal dismissed at end of second term. Defendant appeals. cite: Magistrate not properly appointed: Act 1888, p. 85. Siimmons defective because directed to defendant: 2 Strob., 31; 13 S. C., 202; 27 S. C., 99; Rev. Stat., 904; 6 Barb., 654; 7 Ark., 447; 9 Ark., 20; 19 La.
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Before Watts, J., Abbeville, June, 1897. Action by Jessie R. Bell against M. E. Pruit in magistrate’s court. Judgment for plaintiff. Defendant appeals. Appeal dismissed at end of second term. Defendant appeals. cite: Magistrate not properly appointed: Act 1888, p. 85. Siimmons defective because directed to defendant: 2 Strob., 31; 13 S. C., 202; 27 S. C., 99; Rev. Stat., 904; 6 Barb., 654; 7 Ark., 447; 9 Ark., 20; 19 La. Am., 360. Party may object to defect, and then join issue without waiver: 14 Johns., 481; 21 Wend., 457; 2 JL L-, Smith, 20; 4 Denio, 71, 93; 9 Barb., 61; 4 Barb., 541; 15…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The appeal in this case is from an order of the Circuit Court dismissing an appeal from a magistrate’s court. The ground for dismissal, stated in the order is that the case had been peremptorily called for two terms, and no answer made by the appellant or his attorney.
1 The fourth, fifth and sixth grounds of appeal will be noticed together, and they are as follows: “4. Because it was error to dismiss the appeal from Magistrate Hollingsworth on the motion of plaintiff’s attorney, in the absence of defendant’s attorney, without hearing…
2Cited by1 opinion
- Smith v. Southern Ry. Co.Supreme Court of South Carolina · 1918