Legal Opinion

Dunlap v. Savings Bank

Supreme Court of South Carolina

Decided June 15, 1904PublishedCited by 5 opinions

Before J. E. McDonald, special Judge, York, November, 1903. Action by Ira B. Dunlap, as administrator of A. A.' Mc-Donough, against Savings Bank of Rock' Hill. Defendant appeals from judgment for plaintiff. cites: Power of special limited jurisdiction must appear on face of proceedings: 12 Ency. P. & P., 176; 60 S. C., 419; Coos, on Ex., 124; 33 Neb., 509. Pacts necessary to confer jurisdiction on probate court: 58 S. C., 526; 31 Barb., 661; 62 Barb., 430; 12 Ency.

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Before J. E. McDonald, special Judge, York, November, 1903. Action by Ira B. Dunlap, as administrator of A. A.' Mc-Donough, against Savings Bank of Rock' Hill. Defendant appeals from judgment for plaintiff. cites: Power of special limited jurisdiction must appear on face of proceedings: 12 Ency. P. & P., 176; 60 S. C., 419; Coos, on Ex., 124; 33 Neb., 509. Pacts necessary to confer jurisdiction on probate court: 58 S. C., 526; 31 Barb., 661; 62 Barb., 430; 12 Ency. P. & P., 213. cite: What must appear on face of record: 60 S. C., 402; 58 S. C., 527; 41 S. C., 18. As to power of probate court:…

1Opinion of the Court

The opinion of the Court was delivered, by

Mr. Justice Gary.

The appeal herein is from an order overruling the objection interposed by the defendant, that the court' of probate was without jurisdiction in granting letters of administration to the plaintiff, on the ground that it did not appear upon the face of the records that the greater part of the non-resident intestate’s estate was in York County, where the letters of administration were granted. The petition for letters of administration recited that the intestate, late of Lewis County and State of West Virginia, departed this life…

2Cases cited1 opinion

  1. In Re Estate of MayoSupreme Court of South Carolina · 1901

3Cited by5 opinions

  1. Norwood v. Atlantic Coast Line R.Supreme Court of South Carolina · 1943
  2. McNair v. HowleSupreme Court of South Carolina · 1923
  3. Simmons v. ATLANTIC COAST LINE RAILROAD COMPANYDistrict Court, E.D. South Carolina · 1964
  4. Southern Railway Co. v. WoodwardCourt of Appeals of Georgia · 1929
  5. S.C. Nat. Bank of Charleston v. MaySupreme Court of South Carolina · 1947

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