Legal Opinion

In Re Estate of Permelia Bugg

Supreme Court of South Carolina

Decided April 18, 1905PublishedCited by 5 opinions

Before Watts, J., Richland, Petition by Ella Bugg Jones et al. in proceeding byM. R. Cooper, secretary of State, to escheat property of Permelia Bugg, to set aside judgment and permit them to file exceptions to master’s report. From order refusing petition, petitioners appeal. cites: Motion in case is proper remedy: 34 S. C., 459 ; 17 Ency., 2 ed., 825; 6 Rich.

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Before Watts, J., Richland, Petition by Ella Bugg Jones et al. in proceeding byM. R. Cooper, secretary of State, to escheat property of Permelia Bugg, to set aside judgment and permit them to file exceptions to master’s report. From order refusing petition, petitioners appeal. cites: Motion in case is proper remedy: 34 S. C., 459 ; 17 Ency., 2 ed., 825; 6 Rich. Li, 487; 22 S. C., 257; 50 S. C., 491; 1 Black on Judg., 265. Court was zmthout jurisdiction to• make tire final judgment: 1 Black on Jud., secs. 171, 215, 241, 242; 34 N. J. Eq., 418; 10 At. R., 385 ; 20 Ohio St., 142; 43 Mo., 502; 4…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

The questions to be determined in this appeal arise under a petition of Ella Bugg Jones, Hannah H. Bugg, Rydia Jane Bugg and James W, Bugg to the Circuit Court to- set aside the decree rendered in the cause on the grounds: (1) that the Court had no jurisdiction to render it, and (2) if the Court did have jurisdiction, the petitioners should be relieved from it because their failure to except to the report of the master confirmed by the decree was due to oversight or excusable neglect on the part of their attorneys. To make the issues…

2Cases cited2 opinions

  1. Reynolds v. StocktonSupreme Court of the United States · 1891
  2. Homestead Building & Loan Ass'n v. ParkerSupreme Court of South Carolina · 1899

3Cited by5 opinions

  1. E. A. Beall Co. v. WestonSupreme Court of South Carolina · 1909
  2. Cauthen v. CauthenSupreme Court of South Carolina · 1907
  3. Drummond v. EdwardsSupreme Court of South Carolina · 1923
  4. Drummond v. EdwardsSupreme Court of South Carolina · 1923
  5. Jefferson Standard Life Insurance v. HydrickSupreme Court of South Carolina · 1928

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