Stokes v. Murray
Supreme Court of South Carolina
Before Henry Murrins, special Judge, Lee, April, 1910. Action by J. L. Stokes et al. against William M. Murray. Defendant appeals.
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Before Henry Murrins, special Judge, Lee, April, 1910. Action by J. L. Stokes et al. against William M. Murray. Defendant appeals. Title by presumption: 2 Strob. 39; 3 McM. 495; 48 S. C. 383; 78 S. C. 334; 71 S. C. 333. Special Judge had no jurisdiction to make the order of new trial: Code Proc. 1913, 334, 335; 14 S. C. 104, 438, 517; 31 S. C. 510; 43 S. C. 133. Circuit Court cannot extend time for perfecting appeal: IS S. C. 559; 14 S. C. 166; 16 S. C. US; 49 S. C. 374; 74 S. C. 401; 5S S. C. 505; 66 S. C. 539; 71 S. C. 4S6; 85 S. C. S6S. Granting new trial of his ozvn motion before…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This was an action for the recovery of real estate and damages, commenced in July, 1909. An action for the recovery of the same property was commenced by an ancestor of the plaintiffs in 1905, who died during the pendency of the suit and the plaintiffs were substituted. Upon the first trial of the case, plaintiffs took a voluntary nonsuit and afterwards brought this action. This is the second action. The case was called for trial at the Spring term of Court, 1910, for Lee county, before the Honorable Henry Mullins, special Judge, and…
2Cases cited1 opinion
- Brewton v. ShirleySupreme Court of South Carolina · 1913
3Cited by6 opinions
- Rhodes v. Southern Ry. Co.Supreme Court of South Carolina · 1927
- State v. BestSupreme Court of South Carolina · 1972
- Burns v. BabbSupreme Court of South Carolina · 1939
- Eagerton v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1935
- Shillito v. City of SpartanburgSupreme Court of South Carolina · 1949
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