Legal Opinion
Ross v. Richland County
Supreme Court of South Carolina
Decided January 16, 1978No. 20581PublishedCited by 6 opinions
1Opinion of the Court
Ness, Justice:
May a county court judge, after determining his court lacks jurisdiction, transfer the case to the court of common pleas? We conclude a court without jurisdiction only has authority to dismiss the action.
Respondent brought suit against Richland County and the South Carolina Department of Highways and Transportation, alleging property damage caused by an alleged defect in the road. At the trial in Richland County Court, the Highway Department moved to dismiss the suit on the ground the county court did not have jurisdiction over the Department as a state agency. Relying upon…
2Cases cited10 opinions
- Fox v. Board of Regents of University of Mich.Michigan Supreme Court · 1965
- State v. FunderburkSupreme Court of South Carolina · 1972
- Caudell v. LeventisSupreme Court of Florida · 1950
- Russell v. BEA STAPLE MANUFACTURING COMPANYSupreme Court of North Carolina · 1966
- Harden v. South Carolina State Highway DepartmentSupreme Court of South Carolina · 1976
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3Cited by6 opinions
- Norton v. EverhartTennessee Supreme Court · 1995
- Wallace v. StateSupreme Court of Georgia · 1981
- Thomas & Howard Co. v. TW Graham and Co.Supreme Court of South Carolina · 1995
- DeWitt v. South Carolina Department of Highways & Public TransportationSupreme Court of South Carolina · 1980
- McDonald v. McDonaldSupreme Court of South Carolina · 1981
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