Legal Opinion
Neville Bros. v. Kelley
Supreme Court of South Carolina
Decided March 20, 1913No. 8478PublishedCited by 2 opinions
Before Memminger, J., Oconee, March, 1912. Action by Neville Bros, against J. R. Kelley in court of magistrate J. E. Hopkins. Defendant appeals. Verdict does not conform to lazo: 29 S. C. 290; 42 S. C. 127; 66 S. C. 424. Exception too general: Rule V; 80 S. C. 312. Circuit Court may give judgment on merits: Code 1912, 407; 80 S. C. 522; 87 S. C. 560; 88 S. C. 60.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
This action was commenced in the magistrate’s court in claim and delivery. The verdict was as follows:
“We find for plaintiff seventy-five dollars and interest from the date of paper and costs of said action. Signed, John Myers, Foreman.”
From the judgment of the magistrate the defendant appealed to the Circuit Court on five exceptions. His Honor, Judge Memminger, heard the cause on appeal and rendered the following judgment:
“Upon hearing the appeal from the magistrate’s court, in the above entitled action, it is the judgment of this…
2Cases cited1 opinion
- Goldstein v. Southern Ry.Supreme Court of South Carolina · 1908
3Cited by2 opinions
- Town of Honea Path v. WrightSupreme Court of South Carolina · 1940
- Washington v. MuseSupreme Court of South Carolina · 1929