Williams v. Benet
Supreme Court of South Carolina
This was a motion submitted to this court for a rehearing of the case decided and reported in 34 S. C., at page 112. The opinion states the case.
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This was a motion submitted to this court for a rehearing of the case decided and reported in 34 S. C., at page 112. The opinion states the case. On December 23, 1891, the following order was signed: The appellant herein having moved to set aside the judgment of this court herein and for a rehearing, and for this purpose having procured a stay of remittitur; after argument of counsel it is Ordered, that the motion to' set aside the judgment and for a rehearing be and the same is hereby refused. It is further ordered, that the remittitur be forthwith transmitted to the court below. HENRY…
1Opinion of the Court
Thereafter, on January 12, 1892, the following opinion, concurred in by Justices Pope and Wallace, was filed by
Mr. Chief Justice McIver.
This is a motion to set aside the judgment heretofore rendered in this case, upon the ground that the court, as organized at the time of the hearing, as well as at the time of the rendition of said judgment, was not a constitutional tribunal invested with power to hear and determine said cause. The facts out of which this contention arises are undisputed, and are as follows: The late Chief Justice Simpson having died, on the 26th day of December, 1890, and…
2Cases cited1 opinion
- Railroad Co. v. HechtSupreme Court of the United States · 1877
3Cited by4 opinions
- National City Bank of New York v. Arjona SiacaSupreme Court of Puerto Rico · 1936
- McAulay v. McAulaySupreme Court of South Carolina · 1913
- McAulay v. McAulaySupreme Court of South Carolina · 1913
- National City Bank v. District Court of HumacaoSupreme Court of Puerto Rico · 1936