Hardin v. Trimmier
Supreme Court of South Carolina
Before Wallace, J., Spartanburg, March, 1888. Action by William Hardin against F. M. Trimmier, commenced October 5, 1885. The charge of the judge to the jury is thus reported in the Brief: His honor having read and explained to the jury the first section of the act of 1882 (18 Slat., 36), said: “The section that I have read to you provides, that if a man make a stipulation in regard to interest that is unlawful, why the person to whom the money is coming cannot collect more…
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Before Wallace, J., Spartanburg, March, 1888. Action by William Hardin against F. M. Trimmier, commenced October 5, 1885. The charge of the judge to the jury is thus reported in the Brief: His honor having read and explained to the jury the first section of the act of 1882 (18 Slat., 36), said: “The section that I have read to you provides, that if a man make a stipulation in regard to interest that is unlawful, why the person to whom the money is coming cannot collect more than the sum loaned — cannot collect any interest at all. But here is a section that goes on and provides — suppose he…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIvbr.
Two questions are raised by this appeal — one of jurisdiction, the other as to the proper construction of the second section of the act of 1882, 18 Statutes, 35. The facts out of which the question of jurisdiction arises are as follows: By the act of 1886 (19 Stat., 654), the Court of Common Pleas for the County of Spartanburg, in which this case arose and was tried, is required to be held on the Wednesday following the third Monday in March, which, in the year 1888, fell on the 21st day of that month, “but the business of the Court…
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