Legal Opinion

O'Rouke v. Atlantic Paint Co.

Supreme Court of South Carolina

Decided May 14, 1912No. 8206PublishedCited by 7 opinions

Before Ernest Gary, J., Charleston, April, 1911. Action by Atlantic Paint Company against M. F. O’Rouke in court of Magistrate Watson C'. Finger. The judgment in magistrate court was transcripted to Circuit Court, in which the motion was made from the order refusing which the defendant. appeals. The printed “Case,” argument and opinion have tire names of the parties, reversed —and the.

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Before Ernest Gary, J., Charleston, April, 1911. Action by Atlantic Paint Company against M. F. O’Rouke in court of Magistrate Watson C'. Finger. The judgment in magistrate court was transcripted to Circuit Court, in which the motion was made from the order refusing which the defendant. appeals. The printed “Case,” argument and opinion have tire names of the parties, reversed —and the. Reporter has used the erroneous statements- to prevent confusion. cites: Code of Proc. 87, 311; 19 S. C. 143.

1Opinion of the Court

The opinion of the Court was deliv7 ered by

Mr. Chiee Justice Gary.

The appeal herein is- from the following order of his Honor, Judge Ernest Gary: “The above matter comes up on return to rule heretofore issued by Hon. R. W. Memminger, requiring the plaintiff to show cause, why a judgment heretofore rendered against the defendant, in a magistrate court and transcripted into this-Court, should not be vacated under section 195 of the Code, upon the ground of mistake and surprise, etc., occurring-during the trial before the magistrate.

“After hearing argument of counsel, it is ordered, that the…

2Cases cited5 opinions

  1. Archer v. LongSupreme Court of South Carolina · 1896
  2. Greenwood Loan & Guarantee Ass'n v. ChildsSupreme Court of South Carolina · 1903
  3. Gibbes v. BeckettSupreme Court of South Carolina · 1910
  4. State v. GandySupreme Court of South Carolina · 1911
  5. Appleby v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1900

3Cited by7 opinions

  1. Rylee v. Marett, SheriffSupreme Court of South Carolina · 1922
  2. Brewer v. South Carolina State Highway DepartmentSupreme Court of South Carolina · 1973
  3. O'Neal v. Atlas Assurance Co. of LondonSupreme Court of South Carolina · 1933
  4. Haughton v. Order of United Commercial Travelers of AmericaSupreme Court of South Carolina · 1917
  5. Palmer v. SimonsSupreme Court of South Carolina · 1916

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