Legal Opinion

Gibbes v. Beckett

Supreme Court of South Carolina

Decided February 11, 1910No. 7428PublishedCited by 5 opinions

Before Dantzeer, J., Charleston. Petition by James Gibbes for mandamus against T. A. Beckett. Prom Circuit order, both parties appeal. cite: As to the refusal of mandamus: 19 Ency., 725-30; 30 S. C., 582: Failure to serve notice is fatal: 33 S. C., 401; 56 S. C„ 426; 9 S. C., 62; 7 S. C., 342. As to stay of sentence and admitting defendant to bail: Cv. Code, 69, 73, 29; Code, 1902, 2436.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

James Gibbes was convicted on the 7th of July, 1909, before magistrate T. A. Beckett under four separate warrants charging the offense of enticing laborers to violate their contracts, and .one warrant charging trespass on lands after notice. The sentence in each case was service on the chaingang for thirty days or payment of a fine of one hundred dollars. Notice and grounds of appeal in each case were served on the prosecutor on the 12th of July, 1909, but they were not served on the magistrate until July 13th, 1909. More than the…

2Cases cited2 opinions

  1. Sams v. HooverSupreme Court of South Carolina · 1890
  2. Manuel v. LovelessSupreme Court of South Carolina · 1900

3Cited by5 opinions

  1. O'Rouke v. Atlantic Paint Co.Supreme Court of South Carolina · 1912
  2. State v. GandySupreme Court of South Carolina · 1911
  3. Lightsey v. RentzSupreme Court of South Carolina · 1910
  4. Palmer v. SimonsSupreme Court of South Carolina · 1916
  5. Rogers v. McManusSupreme Court of South Carolina · 1917

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