Paul v. Southern Railway Co.
Supreme Court of South Carolina
Before Watts, J., Fairfield, September, 1896. Action by John F. Paul against the Southern Railway Company in magistrate court. Judgment for plaintiff. Defendant appeals. New trial ordered. Defendant appeals. cites: Code, subd. 16, secs. 88 and 407; 43 S. C., 173; 25 S. C., 416; 29 S. C., 31; 28 S. C., 122; 23 S. C., 166 and 120. contra, cite: 28 S. C., 119; 43 S. C., 173; 27 S. C., 156.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice McIver.
The plaintiff sued out, before a magistrate, a summons and complaint by which judgment was demanded against the defendant for the sum of $15. These papers bore date the 8th of July, 1896, and required the defendant to appear for trial on the 14th of July, 1896, at 11 o’clock A. M. The summons was not served on the defendant until the 9th of July. The defendant, by its counsel, appeared before the magistrate on the day appointed for the trial, and objected to the jurisdiction of the court, upon the ground that the summons and…
2Cited by3 opinions
- State Ex Rel. Lyon v. State Dispensary CommissionSupreme Court of South Carolina · 1908
- State v. PlattSupreme Court of South Carolina · 1930
- Newberry County Water & Sewer Authority v. Welco Construction & Utilities Co.Supreme Court of South Carolina · 1980