Barfield v. Southern Cotton Oil Co.
Supreme Court of South Carolina
Before WiLSON, J., Lexington, November, 1909. Action by J. J. Barfield against Southern Cotton Oil Company and A. C. Hammond.
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Before WiLSON, J., Lexington, November, 1909. Action by J. J. Barfield against Southern Cotton Oil Company and A. C. Hammond. From order transferring-case to Richland county, plaintiff appeals. cites: Respondent being a foreign corporation by its appearance and anszuer submits itself to the jurisdiction of the Court: 70 S. C. 503 • 35 S. C. 372; 51 S. C. 164; 64 S. C. 201; 43 S. C. 186; 46 S. C. 9; 62 S. C. 293; 69 S- C. 278; 78 S. C. 326; 48 S. C. 351; 72 S. C. 481; 74 S. C., 438; 46 S. C. 32; 20 S. C., 93. cite: Judgment in a wrong county is without jurisdiction and a nullity: 25 S. C. 386;…
1Opinion of the Court
The opinion of the Court was delivered by
1
Mr. Justice Hydrick.
An action against a foreign corporation and a resident of this State, in which the venue is laid in a county other than that of the resident of the State, should, on his motion, be tranferred to the county of his residence for trial. Code, Sec. 146.
2 When an action is brought in the wrong county, asnwering to the merits to keep from being adjudged in default; subject to the rights of .defendant under notice of a motion previously given to transfer the case to the county of his residence for trial, is not a voluntary submission to…
2Cited by8 opinions
- South Carolina State Highway Department v. Isthmian S.S. Co.Supreme Court of South Carolina · 1947
- Campbell v. Mutual Benefit Health & Accident Ass'nSupreme Court of South Carolina · 1931
- Halsey v. Minnesota-South Carolina Land & Timber Co.Supreme Court of South Carolina · 1932
- Brigman v. One 1947 Ford Convertible Coupe AutomobileSupreme Court of South Carolina · 1948
- Hayes v. Seaboard A. L. Ry.Supreme Court of South Carolina · 1914
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