Sarratt v. Cash
Supreme Court of South Carolina
Before Smith, J., Gaffney, May, 1915. Action by R. C. Sarratt and others against E. R. Cash and others, as Board of Trustees of School District No. 10 of the county ,of Cherokee. There was judgment for defendants, and plaintiffs appealed. From an order declaring the appeal abandoned and dismissing it, plaintiffs appeal. cites: As to leave to perfect appeal: Code Civ. Proc., secs. 387, 388. Power of Judge at chambers: Civil Code, sec. 3833. Pinal judgment: Code Civ.
Read the full summary
Before Smith, J., Gaffney, May, 1915. Action by R. C. Sarratt and others against E. R. Cash and others, as Board of Trustees of School District No. 10 of the county ,of Cherokee. There was judgment for defendants, and plaintiffs appealed. From an order declaring the appeal abandoned and dismissing it, plaintiffs appeal. cites: As to leave to perfect appeal: Code Civ. Proc., secs. 387, 388. Power of Judge at chambers: Civil Code, sec. 3833. Pinal judgment: Code Civ. Proc., sec. 304; lb. 440 ; 34 S. C. 132; 47 S. C. 31; 14 S. C. 517; 52 S.'C. 505. cite: As to orders at chambers: 12 S. C. 122;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
The decree of the Circuit Court dismissing the complaint herein was filed January 23, 1915. Plaintiffs’ attorneys gave due notice of intention to appeal, but failed to serve their proposed case within 30 days thereafter, as required by the Code of Procedure. On March 27th defendants’ attorneys notified plaintiffs’ attorneys that they deemed the appeal abandoned. Plaintiffs’ attorneys promptly replied that they had not abandoned their appeal, but would perfect it, and stated the reasons why the proposed case had not been served, as…
2Cases cited3 opinions
- Badham v. BrabhamSupreme Court of South Carolina · 1899
- Turner v. ForemanSupreme Court of South Carolina · 1896
- Crosswell v. Indemnity Ass'nSupreme Court of South Carolina · 1897