Best v. Seaboard Air Line Ry.
Supreme Court of South Carolina
Before Geo. E. Prince, special Judge, Barnwell, May, 1904. Action by C. A. Best against Seaboard Air Line Ry., in magistrate court. From Circuit order reversing magistrate judgment, plaintiff appeals. cite: As to the question of jurisdiction: Code of Proc., 423, 71, 156, 165; Code 1902, 1793. As to recovery of penalty: 24 Stat., 81. cites: As to the question of jurisdiction: Code of Proc., 423; 35 S. C., 378; 58 S. C., 89. As to the penalty: 24 Stat., 82.
1DissentJustice Gary
This appeal raises two questions: First, was there error on the part of his Honor, the Circuit Judge, in ruling that the magistrate did not have jurisdiction, on the ground that the defendant was a foreign corporationand second, was there error in his construction of the act of 1903 ? The action was commenced in a magistrate’s court.
The complaint alleges: “First. That the defendant, the Seaboard Air Line Ry. Co,, is a corporation duly created and existing under and by virtue of the laws of the States of North Carolina and Virginia, with its line of railroad track extending through the State…
2Cases cited9 opinions
- Baker v. IrvineSupreme Court of South Carolina · 1902
- Ex Parte HiltonSupreme Court of South Carolina · 1902
- Martin v. FowlerSupreme Court of South Carolina · 1897
- Chafee v. Postal Telegraph Co.Supreme Court of South Carolina · 1892
- Phillips &c. Co. v. RaySupreme Court of South Carolina · 1895
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