Able v. Hall
Supreme Court of South Carolina
Before Rice, J., Aiken, Action by R. G. Able against I. S. Hall. From judgment for plaintiff, defendant appeals. The facts are stated in the opinion. cites: Code Civil Proc., sec. 97, sd. 16. Affidavit must furnish basis for shortening time to answer: 76 S. C. 336; 67 S. C. 245; 73 S. C. 15; 80 S. C. 362; 31 S. C. 448; 24 S. C. 202; 28 S. C. 473; 47 S. C. 250.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
Action before a magistrate’s Court to recover $62.40, the purchase price of two steers; judgment for the plaintiff; appeal here by the defendant.
There is only one exception by defendant and it makes one issue. The issue is that the magistrate had no jurisdiction to try the case, for the reason that the defendant was allowed by the summons only fifteen days in which to appear, when by law he was entitled to twenty days.
It is true, if a defendant be simply summoned to answer in fifteen days when the statute allows him twenty days, and…
2Cases cited3 opinions
- Moore v. Southern Ry.Supreme Court of South Carolina · 1907
- Rogers v. TownsSupreme Court of South Carolina · 1914
- McDonald v. FloydSupreme Court of South Carolina · 1912
3Cited by3 opinions
- Stephens v. RinglingSupreme Court of South Carolina · 1915
- Skalowski v. Joe Fisher, Inc.Supreme Court of South Carolina · 1929
- Harrison v. MorrisDistrict Court, D. South Carolina · 1974