Williams v. Hatcher
Supreme Court of South Carolina
Before Frank B. Gary, J., Spartanburg, December, 1912. Motion in case of Robert M. Williams against M. Felton Hatcher to dismiss service of summons.
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Before Frank B. Gary, J., Spartanburg, December, 1912. Motion in case of Robert M. Williams against M. Felton Hatcher to dismiss service of summons. Plaintiff appeals on the following exceptions: “1. The Court erred in ruling and holding that the defendant was exempt from service of civil process for the reason that he had voluntarily come into the jurisdiction of the Court for the purpose of testifying in a pending-cause, the error being (a) that such exemption does not apply to a nonresident witness in the absence of actual arrest of the body or goods of the witness; (b) that in order to…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
This is an appeal from an order of Judge Frank B. Gary setting aside the service of a summons. The defendant is an attorney residing in Macon, Georgia. His client, W. J. Massee, was arrested in Spartanburg, South Carolina, and applied to Judge Sease for a discharge under a writ of habeas corpus. Massee was held by the South Carolina authorities pending extradition proceedings under a requisition from the Governor of Tennessee. The respondent had represented Massee in his troubles in Tennessee and his affidavit claimed that his sole…
2Cases cited1 opinion
- Fitzgerald v. J. I. Case Threshing MacHine Co.Supreme Court of South Carolina · 1913
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- Milwaukee County v. Schmidt, Garden & EriksonWisconsin Supreme Court · 1967
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