Legal Opinion

Carter v. Barnes

Supreme Court of South Carolina

Decided October 6, 1910No. 7681PublishedCited by 3 opinions

Before Shipp, J., Colleton, February, 1910. Two actions in Court of Magistrate P. J. Wilson, A. L. Carter against Willie Barnes, and J. B. Miley against B. B. Goodwin.

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Before Shipp, J., Colleton, February, 1910. Two actions in Court of Magistrate P. J. Wilson, A. L. Carter against Willie Barnes, and J. B. Miley against B. B. Goodwin. From circuit order reversing judgment of magistrate in both cases, plaintiffs appeal. cite: Parties here can only raise question of constitutionality of subsection i: Ml S. C., 77; 15 S. C., 373; 40 S. C., 340; 33 L. R. A., 616; 43 Id., 181; 67 Id., 903. As to construction of “section:” 13 Pac., 130; 36 N. W. R., 348. Office of proviso: 37 S. C., 395; Lewis’ Suth. Stat. Con., sec. 353; 78 Ill., 101. cite: Section ióop of Code…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

The facts of this litigation are thus stated in the record: “This was a claim and delivery proceeding commenced by the plaintiff against the defendant for the recovery of four pigs before P. J. Wilson, Esq., magistrate, in April, 1909. The property sought to be recovered was owned by the plaintiff and was taken up by the defendant while roaming at large upon the lands of the defendant. The defendant seized the same under the provisions of the General Stock Taw, the defendant’s farm whereon the said hogs were seized lying partly within…

2Cases cited3 opinions

  1. Brown v. TharpeSupreme Court of South Carolina · 1906
  2. Goodale v. SowellSupreme Court of South Carolina · 1902
  3. Sanders v. VenningSupreme Court of South Carolina · 1893

3Cited by3 opinions

  1. Greenville Baseball, Inc. v. Bearden, SheriffSupreme Court of South Carolina · 1942
  2. Clark v. BoyceArizona Supreme Court · 1919
  3. Duncan v. DuncanSupreme Court of South Carolina · 1913

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