Legal Opinion

Williams v. Rickembaker

Supreme Court of South Carolina

Decided April 1, 1908No. 6837Published

Before Gary, J., Colleton, Action- by Ellick Williams- against C. H. R-icbembaker andi W. G. Hidtt. From order on Circuit refusing to disturb judgment by default given by J. F. Bryon, magistrate, defendants appeal. Mr. Hiott cites:' 19 S. C., 143; 27 S. C., 244; 46 S. C., 505; 64 S. C, 408; 65 S. C., 129. cite: 46 S. C., 505; 19 S. C., 143; 27 S, C., 146; Code of Proc., 368, 195.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

The plaintiff recovered judgment by default in a magistrate’s, court against the defendant, Rickembaker, .as maker, and the defendant, Hiott, as indorser on a promissory note for forty-seven dollars. The defendant appealed on these grounds: “1. That the said magistrate was in error in waiting one week and more to write up his judgment in said cause and give defendant notice thereof. 2. That the said magistrate was in error in trying and determining the cause herein on a day of which the defendant had no notice whatever.”

The Circuit…

2Cases cited2 opinions

  1. Speer v. MeschineSupreme Court of South Carolina · 1896
  2. Lawrence v. IsearSupreme Court of South Carolina · 1887

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