Williams v. Garvin
Supreme Court of South Carolina
Before Townsend, J., Barnwell, March, 1897. Proceedings in magistrate court in ejectment by Aaron Williams against Frank Garvin. Judgment for plaintiff. Defendant appeals. Appeal sustained. Plaintiff appeals. cites: 28 S. C., 119; 13 S. C., 198; 3 Hill, 239; 24 S. C., 190; 21S.C.,598; 46 S. C.,9. filed no argument.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
This appeal presents but a single question, namely, whether a defendant who has appeared in court in answer to a defective summons, and who there answered to the merits and participated in said trial without raising any question as to such defective summons, can afterwards, on appeal to another court, raise any question as to such irregular or defective summons for the first time? It seems that the defendant was summoned by R. C. Holman, Esq., one of the magistrates, for Barnwell County, in this State, to show cause why he should not…
2Cited by1 opinion
- Wright v. LeeSupreme Court of South Carolina · 1918