Biber v. Dillingham
Supreme Court of South Carolina
Before Sease, J., Spartanburg, Summer term, 1918. Suit by Rosalie A. Biber, as landlord, against W. R. Dillingham, tenant, brought before a magistrate under Civ. Code 1912, sec. 3509, to eject the defendant, tenant. Judgment for the landlord, which the Circuit Court, upon appeal, reversed, and the plaintiff appeals cites: As to sufficiency of notice to tenant of the termination of the contract: Code of Daws of South Carolina (1912), sec. 3509; 54 S. C. 264; Am. & Eng. Enc.
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Before Sease, J., Spartanburg, Summer term, 1918. Suit by Rosalie A. Biber, as landlord, against W. R. Dillingham, tenant, brought before a magistrate under Civ. Code 1912, sec. 3509, to eject the defendant, tenant. Judgment for the landlord, which the Circuit Court, upon appeal, reversed, and the plaintiff appeals cites: As to sufficiency of notice to tenant of the termination of the contract: Code of Daws of South Carolina (1912), sec. 3509; 54 S. C. 264; Am. & Eng. Enc. (2d Ed.), vol. XXVIII, p. 399; Am. & Eng. Enc. (2d Ed.) 397; Am. & Eng. Enc. (2d Ed.), vol. XXVIII, p. 400; Cyc., vol.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice ■Gage.
Proceeding before a magistrate, under section 3509 of the Code of Daws, by a landlord to eject a tenant. The magis trate decided the case for the landlord; the Circuit Court reversed that judgment; and the appeal here is from the judgment of the Circuit Court.
1 The pith of the judgment below is that “the evidence not only fails to show that notice was given, but, on the contrary, shows that it was not,” and that is the only issue in the case; and it is largely an issue of fact.
The appellant suggests at the outset that the Circuit…
2Cases cited1 opinion
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