Legal Opinion

Butler Bros. v. Welch

Supreme Court of South Carolina

Decided February 15, 1907PublishedCited by 1 opinion

Before Cage, J., Darlington, March, 1906. Action -by Butler Bros, against J. C. Welch and' Elias Wright, trading as J. C. Welch. From Circuit judgment affirming judgment of magistrate J. W. Boykin, defendant appeals. cites-: 62 S- C., 545; 24 Ebcy., 515, 516, 527; 20- Ebcy. R & P., 1159, 1160.

1Opinion of the Court

The opinion- of the Court was delivered bv

Mr. Justice Woods.

In this action, in the court of J. W. Boykin, 'magistrate, the plaintiff made an affidavit, under subdivision 16, of sec. 88, of the 'Code of Procedure, that h.e was apprehensive of losing! his debt if the process, was made returnable in the usual statutory time; and, therefore, the magistrate issued his summons returnable in one day from the date thereof at twelve o’clock, noon. The summons contained no date, but was served on the defendant, Elias Wright, along with the plaintiff’s affidavit and the verified account, on January the…

2Cited by1 opinion

  1. Newberry County Water & Sewer Authority v. Welco Construction & Utilities Co.Supreme Court of South Carolina · 1980

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