Burckhalter v. Jones
Supreme Court of South Carolina
Before Aldrich, J., Aiken, Action by T. DeL. Burckhalter against J. B. Jones. From Circuit order setting aside judgment by default under writ of certiorari, plaintiff appeals. cite: Magistrate has jurisdiction to issue attachment against property of non-resident: Code, 71, 248; 95 U. S., 714. Defendant appeared personally by writing letter to magistrate asking for continuance: 13 S. C., 198. cite: Magistrate cannot get-jurisdiction of non-resident defendant: Con. 1895, art.…
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Before Aldrich, J., Aiken, Action by T. DeL. Burckhalter against J. B. Jones. From Circuit order setting aside judgment by default under writ of certiorari, plaintiff appeals. cite: Magistrate has jurisdiction to issue attachment against property of non-resident: Code, 71, 248; 95 U. S., 714. Defendant appeared personally by writing letter to magistrate asking for continuance: 13 S. C., 198. cite: Magistrate cannot get-jurisdiction of non-resident defendant: Con. 1895, art. V., sec. 23; art. I., sec. 29; 1 N. & McC., 229; 1 McC., 512. Magistrate should have signed summons: Code, 71, sub. 2;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This action was commenced before a magistrate in Aiken County on the 16th of August, 1898. The defendant is not a resident of this State, but resides in Augusta, Ga. The magistrate granted an order that service of the summons and complaint be .made upon the defendant by publication. The following statement of facts appears in the record: “Thereupon the plaintiff filed with the magistrate an affidavit to obtain an attachment; said affi davit was in due form, and according to law. Upon said affidavit, the magistrate, on August the 17th,…
2Cited by3 opinions
- Jenkins v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1909
- Baker v. IrvineSupreme Court of South Carolina · 1902
- Best v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1905