Ex Parte Peele
Supreme Court of South Carolina
Before Watts, J., Marlboro, September, 1909. Petitions in probate court by Thomas Peele and H. R. Peele for administration on the estate of Wm. Peele.
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Before Watts, J., Marlboro, September, 1909. Petitions in probate court by Thomas Peele and H. R. Peele for administration on the estate of Wm. Peele. From circuit order affirming judgment of probate court, Thomas Peele appeals. cite: An obiter dictum in an opinion is not binding on the Court: 36 S. C., 84; 13 S. C., 354; 42 S. C., 223; 33 S. C., 442; 5 Ency., 662; 59 S. C., 60. Construction of statutes: 77 S. C,, 24; 12 Rich., 628. cite: Reference to title in construing an act: Chev. R., 157; 2 Bail. R., 334, 554. Non-resident should not be appointed: 58 S. C., 469.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
This matter was heard by the Circuit Judge under the following agreed statement of facts:
“That on the 26th day of July, 1909, H. R. Peele made application for letters of administration on the estate of William Peele, deceased.
“That a citation was issued by judge of probate in the regular form, returnable on the 16th day of August, 1909, at eleven o’clock in the forenoon, and was duly published according to law.
“That on the return day H. R. Peele appeared before probate court in person, also his attorneys, Messrs. McColl, McColl &…
2Cases cited1 opinion
- In Re Estate NeubertSupreme Court of South Carolina · 1900
3Cited by1 opinion
- Stubbs v. RatliffSupreme Court of South Carolina · 1943