Cromer v. Watson
Supreme Court of South Carolina
Before Keugh, J., Saluda, August, 1900. Action in claim and delivery by F. G. Cromer against P. B. Watson. From Circuit order dismissing appeal from magistrate court, defendant appeals. cites: As to indorsing direction to officer to take property: Code, 71, sub. 12. Process in claim and delivery must be served by qualified constable: 17 S. C., 1; Rev. Stat., 901; Con., art. V., sec. 20; Code, 71, subs, 12 and 13. As to change of venue: 22 Stat., 13. Plaintiff must allege and…
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Before Keugh, J., Saluda, August, 1900. Action in claim and delivery by F. G. Cromer against P. B. Watson. From Circuit order dismissing appeal from magistrate court, defendant appeals. cites: As to indorsing direction to officer to take property: Code, 71, sub. 12. Process in claim and delivery must be served by qualified constable: 17 S. C., 1; Rev. Stat., 901; Con., art. V., sec. 20; Code, 71, subs, 12 and 13. As to change of venue: 22 Stat., 13. Plaintiff must allege and prove demand: 23 S. E. R., 49. Mortgagor cannot bring action upon condition broken: 20 S. C., 17, 514. cite: Order…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
Plaintiff, in an action for claim and delivery began in a magistrate’s court in Saluda County, sought to recover from the defendant a mule, named “John,” valued at $75. The “Case” declares that the moving papers in the action were all regular except there was no direction indorsed upon the affidavit by the magistrate directing that the property sought to be recovered be taken into custody by an officer, nor did it anywhere appear that the undertaking filed by the plaintiff was approved by the magistrate; but said affidavit, summons and…
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- Marshall Bros. Furniture Co., Inc. v. DrawdySupreme Court of South Carolina · 1937