Legal Opinion

Brown Parler v. Kolb

Supreme Court of South Carolina

Decided August 26, 1912No. 8300PublishedCited by 3 opinions

Before Rice, J., Sumter, April, 1912. , Action by Brown & Parler against J. R. Kolb- in court of magistrate W. J. Reese.

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Before Rice, J., Sumter, April, 1912. , Action by Brown & Parler against J. R. Kolb- in court of magistrate W. J. Reese. From Circuit order affirming magistrate judgment, defendant appeals. cites: Requisites of affidavit of removal: 73 S. C. 17; 64 S. C. 373. New demand was necessary: 47 S. 'C. 335; 27 S. C. 240. Attorney’s fees should not he included in verdict: 62' S. C. 489. Acceptance of service by magistrate is sufficient: 58 S. C. 436. cites : Personal service'cannot he made by mail: 52 S. C. 528; 32 Cyc. 457; 74 S. C. 27.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

In this action for claim and delivery of a lot of produce under a crop mortgage, the jury in the magistrate’s court found a verdict in favor of the plaintiffs for the property in dispute, which they valued at one hundred dollars, and found a special verdict that the defendant owed the plaintiffs one hundred dollars. Upon appeal the Circuit Court affirmed the judgment of the magistrate.

1 There is nothing in the point made by respondent that the notice of appeal from the magistrate was not personally served. Sending by mail would not…

2Cases cited7 opinions

  1. Walker v. KillianSupreme Court of South Carolina · 1902
  2. Bacot v. DeasSupreme Court of South Carolina · 1903
  3. Wren v. JohnsonSupreme Court of South Carolina · 1902
  4. State v. ConkleSupreme Court of South Carolina · 1902
  5. Witte v. CaveSupreme Court of South Carolina · 1905

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Priester v. PriesterSupreme Court of South Carolina · 1925
  2. Ward v. MILLERSupreme Court of South Carolina · 1956
  3. Podrat v. OberndorffCalifornia Supreme Court · 1929

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