Palmer v. Simons
Supreme Court of South Carolina
Before Wilson and Bowman, JJ., Columbia, Accounting by W. J, Simons, as committee of the person and estate of R. J. Palmer, a lunatic, contested by R. J. Palmer. From an order of Judge Wilson requiring the probate.
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Before Wilson and Bowman, JJ., Columbia, Accounting by W. J, Simons, as committee of the person and estate of R. J. Palmer, a lunatic, contested by R. J. Palmer. From an order of Judge Wilson requiring the probate. Judge to accept service of a notice of appeal and to certify the record in his Court to the Circuit Court for the hearing of the appeal, and from the decree of Judge Bowman on the hearing of the appeal, R. J. Palmer appeals. submit: The notice of appeal was served too late: Code Civ. Proc., sec. 63. And time could not be enlarged by the Court: 7 S. C. 342; 30 S. C. 607; 56 S. C.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
The probate Judge rendered his decree in this case, dated January 18, 1915. On January 20th a copy thereof was served on the attorneys for both parties, who acknowledged service thereof in writing indorsed on the original decree. On February 5th, 16 days thereafter, Simons’ attorneys served the probate Judge and Palmer’s attorneys with notice and grounds of appeal to the Circuit Court. Both notices were promptly returned on the ground that they had not been served within the time required by statute,' to wit, “within fifteen days…
2Cases cited4 opinions
- O'Rouke v. Atlantic Paint Co.Supreme Court of South Carolina · 1912
- Gibbes v. BeckettSupreme Court of South Carolina · 1910
- Manuel v. LovelessSupreme Court of South Carolina · 1900
- Lightsey v. RentzSupreme Court of South Carolina · 1910
3Cited by1 opinion
- Stroup v. Duke Power Co.Supreme Court of South Carolina · 1949