Hill v. Garrett
Supreme Court of South Carolina
Before DeVore, J., Colleton, March, 1909. Action by Holton Hill against Ben Garrett, in court of Magistrate R. G. W. Bryan.
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Before DeVore, J., Colleton, March, 1909. Action by Holton Hill against Ben Garrett, in court of Magistrate R. G. W. Bryan. Prom Circuit order, affirming magistrate’s judgment, defendant appeals. cites: Magistrate acquired no jurisdiction of the person of defendant: Code of Proc., sec. 88, sub. sec. 19; 43 S. C., 173; 29 S. C., 31; 68 S. C., 583; 62 S- C., 293. No proof of damages: 57 S. C., 189. No proof of height of fence: Code 1902, 1503, 1505, 1497 ; Art. II of chap. 33; 78 S. C., 56; 56 S. C., 181; 62 S. C., 516. cites: Appearance of attorney for defendant gives Court jurisdiction of his…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chiee Justice Jones.
Plaintiff commenced this suit in a magistrate’s court, in Colleton county, to recover forty-five dollars, as damages alleged to have been caused by defendant’s cows entering plaintiff’s enclosed field and destroying his cotton and peas. The day set for trial was January 7, 1909, and on that day the defendant not having answered, and not being present, plaintiff proceeded to prove his case, and judgment was rendered against defendant for the amount claimed and costs.
On the day following the defendant, by his attorney, C. C.…
2Cited by1 opinion
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