Brown Parler v. Kolb
Supreme Court of South Carolina
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
- Walker v. KillianSupreme Court of South Carolina · 1902
- Bacot v. DeasSupreme Court of South Carolina · 1903
- Wren v. JohnsonSupreme Court of South Carolina · 1902
- State v. ConkleSupreme Court of South Carolina · 1902
- Witte v. CaveSupreme Court of South Carolina · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Priester v. PriesterSupreme Court of South Carolina · 1925
- Ward v. MILLERSupreme Court of South Carolina · 1956
- Podrat v. OberndorffCalifornia Supreme Court · 1929