Legal Opinion

Cromer v. Watson

Supreme Court of South Carolina

Decided March 14, 1901PublishedCited by 4 opinions

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…

2Cited by4 opinions

  1. Guglieri v. Roman Tile & Marble Co.Supreme Court of South Carolina · 1930
  2. Harrison v. LancasterSupreme Court of South Carolina · 1944
  3. Clemmons v. NicholsonSupreme Court of South Carolina · 1938
  4. Marshall Bros. Furniture Co., Inc. v. DrawdySupreme Court of South Carolina · 1937

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