Smith v. Southern Ry. Co.
Supreme Court of South Carolina
Before DeVorE, J., Kershaw, Spring term, 1917. Action by W. T. Smith and others, trading as the Camden Furniture Company, against the Southern Railway Company. Judgment in magistrate’s Court for plaintiff, and defendant appealed to the Circuit Court, where the appeal was docketed, and after three years was struck off, with leave to restore, and defendant moved to restore the case to the calendar.
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Before DeVorE, J., Kershaw, Spring term, 1917. Action by W. T. Smith and others, trading as the Camden Furniture Company, against the Southern Railway Company. Judgment in magistrate’s Court for plaintiff, and defendant appealed to the Circuit Court, where the appeal was docketed, and after three years was struck off, with leave to restore, and defendant moved to restore the case to the calendar. To review an order denying the motion, defendant appeals. cites: As to meaning of the order “strike off ivith leave to restoreCode of Procedure 1912, section 405; 54 S. C. 348; 82 S. C. 350. This…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
In May, 1911, plaintiff recovered judgment against lefendant in the Court of a magistrate for $36.33, damages :o a shipment and freight charges thereon. Defendant ippealed to the Circuit Court, and the appeal was duly docketed for hearing. It remained on the docket, without having been brought to hearing, until the Fall term, 1914, when the presiding Judge made this entry on the docket: “Strike off with leave to restore.”
In January, 1915, plaintiffs’ attorney, Hon. M. D. Smith, was elected Circuit Judge, and appellant’s attorney had…
2Cases cited4 opinions
- Manuel v. LovelessSupreme Court of South Carolina · 1899
- York Supply Co. v. Southern Ry. Co.Supreme Court of South Carolina · 1909
- Bell v. PruitSupreme Court of South Carolina · 1898
- Lykes v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1913
3Cited by1 opinion
- State v. AdamsSupreme Court of South Carolina · 1964