Carolina, C. & O. Ry. v. Worley
Supreme Court of South Carolina
Before Smith; J., Spartanburg, April, 1915. Proceedings under Civil Code 1912, sec. 3508, by Carolina, Clinchfield and Ohio Railway of South Carolina, against J. V. Worley.
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Before Smith; J., Spartanburg, April, 1915. Proceedings under Civil Code 1912, sec. 3508, by Carolina, Clinchfield and Ohio Railway of South Carolina, against J. V. Worley. From an order on proceedings in certiorari, affirming the order of the magistrate’s Court, the defendant appeals on the following exceptions: 1. Because his Honor erred in not sustaining the second ground of demurrer to the notice, as follows: Because it appears from the affidavit'that the alleged landlord is acting in violation of the terms of its charter and the condemnation proceedings by which said premises were…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
1 This appeal questions the jurisdiction of the magistrate’s Court to eject the defendant from certain premises in Spartanburg county at the suit of the Carolina, Clinchfield and Ohio Railway of South Carolina. The magistrate gave judgment in favor of the petitioner, a writ of certiorari was sued out and case heard on return to the writ in the Court of Common Pleas, and judgment of magistrate’s Court affirmed. From this judgment, defendant appealed. Exceptions 3, 4, 5, and 6 question the sufficiency of the testimony, and a writ of…
2Cases cited2 opinions
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