Ehrhardt v. Breeland
Supreme Court of South Carolina
Before Benet, J., Bamberg, April, 1899. .Action by C. Ehrhardt and Charles Copeland against J. S. Breeland. Defendant is appellant.
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Before Benet, J., Bamberg, April, 1899. .Action by C. Ehrhardt and Charles Copeland against J. S. Breeland. Defendant is appellant. Lack of qualification to sit as presiding magistrate renders judgment void: 19 Stat., 851; 34 S. C., 163. Certain prerequisites essential to issuance of any process in claim and delivery: Code, sec. 71, subsec. 11. Paramount and protected lien of landlord for rent: Gen. Stats., 1824; 36 S. C., 278. Statute provides exclusive proceedings in matter of enforcing liens: Gen. Stats., 2398 and 2399; 15 S. C., 552; 14 S. C., 35. Mr. Bostick cites : Disqualification of…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This is an appeal from the judgment of the Circuit Court affirming the judgment of the magistrate’s court in favor of plaintiffs, in an action of claim and delivery for a lot of seed cotton and corn.
1 The first exception alleges that the Circuit Court erred in dismissing the appeal and affirming the judgment of the magistrate’s court, because said judgment is null and void, for the reason that the magistrate who presided therein was disqualified, being married to defendant’s niece, and so connected by affinity within the sixth degree,…
2Cited by2 opinions
- Steele v. SuwalskiCourt of Appeals for the Seventh Circuit · 1935
- Ex Parte ChaseSupreme Court of South Carolina · 1901