Mayes v. Evans
Supreme Court of South Carolina
Before Purdy, J., Saluda, April, 1907. Proceeding in ejectment before Magistrate J. H. Ethridge by W. M. Mayes, against B. B. Evans.
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Before Purdy, J., Saluda, April, 1907. Proceeding in ejectment before Magistrate J. H. Ethridge by W. M. Mayes, against B. B. Evans. From circuit order reversing judgment of magistrate, plaintiff appeals. cites: The statute does not mean defendant can not be required to answer in less than three days: Code 1902, 242-3; 29 Ency., 521; Code of Proc., Sec. 71, Sub. 12; 88 Sub. 17, 149s; 6 S. E., 859; 47 S. C., 243; 24 S. C., 507. Motion for change of venue came too late: 24 S. C., 10‘5. oral argument. The opinion in this case was filed April 16th, but remittitur held up on petition for rehearing…
1Opinion of the Court
June 5, 1908. The opinion of the Court was delivered by This was a special proceeding under Section 2423, Vol. 1, Code of Laws, to eject the respondent for holding over after notice to quit and for failure to pay rent.
In such cases, the notice required by the statute in question to be served by the magistrate, is "To show cause before him, if any he can, within three days from the date of the said personal service of such notice, why he should not be dispossessed." The notice was served on December 5, 1906, by Magistrate J.H. Etheridge, requiring respondent, Evans, to appear and show cause,…
2Cases cited5 opinions
- Bacot v. DeasSupreme Court of South Carolina · 1903
- Garrett v. Herring Furniture Co.Supreme Court of South Carolina · 1904
- State v. ConkleSupreme Court of South Carolina · 1902
- Witte v. CaveSupreme Court of South Carolina · 1905
- McNair v. TuckerSupreme Court of South Carolina · 1886
3Cited by4 opinions
- Brown Parler v. KolbSupreme Court of South Carolina · 1912
- Browning Mfg. Co., Inc. v. BrunsonSupreme Court of South Carolina · 1938
- City of Sumter v. OwensSupreme Court of South Carolina · 1936
- Startex Mills v. ComerSupreme Court of South Carolina · 1937