Roberts v. Wessinger
Supreme Court of South Carolina
Before F. B. Gary, special Judge, Lexington, December, 1903. Action by Mary J. Roberts, admx., et al., against Elizabeth P.-Wessinger et al. From Circuit decree ordering sale of property, defendants, I. V. and Elizabeth P. Wessinger, appeal. The former cite: 35 S. C., 192; 7 S. C., 23; 27 S. C., 436; Thorp, on Pub. Of., 632, 639, 648; Mechem on Pub. Of., 319, 328, 329. filed no argument.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This appeal involves the jurisdiction of a special Judge to file a decree after the expiration of the time mentioned in his commission for holding the Court.
The facts are thus set out in the record: “That the extra term of Court commenced on the 16th of November and continued for two1 weeks, ending the 28th of November, 1903, and Lion. F. B. Gary was commissioned as special Judge to hold the extra term. That the case was called peremptorily on the last day of the term, at 12 o’clock M. Whereupon- counsel for plaintiff announced that…
2Cases cited4 opinions
- Mitchell v. OvermanSupreme Court of the United States · 1881
- Calhoun v. Port Royal &c. Railway Co.Supreme Court of South Carolina · 1894
- State v. FullmoreSupreme Court of South Carolina · 1896
- Aultman v. UtseySupreme Court of South Carolina · 1891
3Cited by7 opinions
- Rhodes v. Southern Ry. Co.Supreme Court of South Carolina · 1927
- State v. BestSupreme Court of South Carolina · 1972
- First Carolinas Joint Stock Land Bank v. KnottsSupreme Court of South Carolina · 1939
- Burns v. BabbSupreme Court of South Carolina · 1939
- Shillito v. City of SpartanburgSupreme Court of South Carolina · 1949
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