Legal Opinion

York Supply Co. v. Southern Ry. Co.

Supreme Court of South Carolina

Decided April 9, 1909No. 7145PublishedCited by 2 opinions

Before Watts, J., York, February, 1908. Action by York Supply Company against Southern Railway Company in magistrate’s court. From Circuit order dismissing appeal from magistrate’s court without trial, defendant appeals. cites: Code of Proc., 366; 54 S. C., 346.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

This is an appeal from an order of the Circuit Court dismissing an appeal from a judgment in a magistrate court in favor of plaintiff against defendant for $51.27, for want of prosecution, under sec. 366, Code of Procedure.

The appeal was duly docketed on Calendar 2 of the Common Pleas for York county for April term, 1907, and the cause remained on the calendar until February term, 1908. The record fails to show, and it was not otherwise made to appear, that up to that time any disposition had been made of the appeal, or that the case…

2Cases cited1 opinion

  1. Manuel v. LovelessSupreme Court of South Carolina · 1899

3Cited by2 opinions

  1. Lykes v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1913
  2. Smith v. Southern Ry. Co.Supreme Court of South Carolina · 1918

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