Legal Opinion

Garrett v. Herring Furniture Co.

Supreme Court of South Carolina

Decided June 22, 1904PublishedCited by 9 opinions

Before DanTzrEr, J., Greenville, February, 1904. Action by J. W. Garrett against Herring Furniture Co. From order of Circuit Court sustaining judgment of magistrate, defendant appeals. cite: 1 Ency. P. & P., 3; 2 Id., 624, 625, 628, 629, 631, 394, 645; 98 U. S., 476; 146 U. S., 202. cite: 24 S. C., 398; 43 S. €., 186, 384; 46 S. C., 11; 58 S. C., 50; 62 S. C., 299, 544.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

The question raised by the exceptions is whether the defendant, by answering h> the merits, waived the'right to insist upon the objection that the magistrate did not acquire jurisdiction of his person.

The facts of the case are thus succinctly set out in the argument of the appellant’s attorneys: “The defendant resided in the county of Spartanburg. He was sued in the magistrate’s court in the county of Greenville. He appeared, first, for the purpose of pleading to the jurisdiction of the court only, and sought tO' tender testimony to…

2Cases cited5 opinions

  1. Baker v. IrvineSupreme Court of South Carolina · 1902
  2. Phillips &c. Co. v. RaySupreme Court of South Carolina · 1895
  3. Rosamond v. EarleSupreme Court of South Carolina · 1896
  4. Smith v. WalkeSupreme Court of South Carolina · 1895
  5. Bird v. SullivanSupreme Court of South Carolina · 1900

3Cited by9 opinions

  1. Nixon & Danforth v. Piedmont Mutual InsuranceSupreme Court of South Carolina · 1906
  2. South Carolina State Highway Department v. Isthmian S.S. Co.Supreme Court of South Carolina · 1947
  3. Elms v. Southern Power Co.Supreme Court of South Carolina · 1908
  4. Lillard v. SearsonSupreme Court of South Carolina · 1933
  5. Mayes v. EvansSupreme Court of South Carolina · 1908

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