Rhame v. Southern Express Co.
Supreme Court of South Carolina
Before Watts, J., Clarendon, September, 1908. Action by D. O. Rhame against Southern Express Company. From order affirming judgment of Magistrate A. J. Richbourg, defendant appeals. cite: Constitutional question may be raised in petition for rehearing: 207 U. S., 416. ' The penalty act is unconstitutional: 196 U. S-, 194; 201 U. S., 321. Oral argument.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Jones.
This action was commenced in a magistrate’s court, on June 11, 190'8, to recover $5.06, together with the penalty of fifty dollars, for loss of six baseballs, claimed to have been short in a shipment from Baltimore, Maryland, to Summerton, South Carolina. The day set for trial was July 3, 1908. The defendant was duly served with the summons and made no answer or appearance. Plaintiff made proof of his claim for shortage in the shipment (part of which had been delivered to plaintiff), the filing of his claim with the defendant’s…
2Cited by1 opinion
- Henry Merc. Co. v. Graham, SheriffSupreme Court of South Carolina · 1917