School District v. Fowles
Supreme Court of South Carolina
Before DeVore, J., Richland, May, 1910. Certiorari proceedings by School District No. 9, of Rich- - land county, against James H. Fowles, Jr. magistrate, and John C. Weir. Defendants appeal. cites: Omission in return did not render the judgment invalid: 22 S. C. 119; 23 S. C. 167. Return of service could be amended: Code, 194; 14 S. C. 226; 57 S. C.-558; 26 S. E. 187; 32 S. C. 319. Oral argument.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The question presented by the exceptions is whether his Honor, the Circuit Judge, erred in ruling that the judgment by default, rendered by the magistrate against school district No. 9, of Richland county, was void on the ground, that it does not appear upon the face of the proceedings that the magistrate acquired jurisdiction of said defendant, inasmuch as the return does not show that Eargle, upon whom a copy of the summons and complaint was served, was a trustee of the said school district.
The proof of service was as follows:
“E. T.…
2Cases cited1 opinion
- Ford v. Delta & Pine Land Co.U.S. Circuit Court for the District of Southern Mississippi · 1890
3Cited by5 opinions
- Cannon v. Haverty Furniture Co.Supreme Court of South Carolina · 1935
- Abraham v. New York Underwriters InsuranceSupreme Court of South Carolina · 1938
- Gould v. Richmond School DistrictCalifornia Court of Appeal · 1943
- Cannon v. Haverty Furniture Co.Supreme Court of South Carolina · 1935
- Gould v. Richmond School DistrictCalifornia Court of Appeal · 1943