DocketNumber: 8152
Citation Numbers: 73 S.E. 769, 91 S.C. 118
Judges: MR. CHIEF JUSTICE GARY.
Filed Date: 3/26/1912
Status: Precedential
Modified Date: 1/13/2023
March 26, 1912. The opinion of the Court was delivered by The following statement appears in the record: "This was a motion in the original cause, on behalf of the defendant, W.A. Floyd, to stay execution and vacate and set aside a judgment originally rendered against J.W. and W.A. Floyd, on the first day of April, 1903, by Robert Moorman, Esq., magistrate for Richland county, a transcript of which was filed, and judgment entered thereon, in the Court of Common Pleas for Richland county, and was heard in open Court by his Honor, Robert Aldrich, presiding Judge, at the Summer term, 1911, of the Court of Common Pleas." The motion was refused, whereupon *Page 120 upon the defendant appealed to this Court, and in the language of the appellant's attorneys, the sole question presented by the exceptions is whether there was error, on the part of his Honor, the presiding Judge, in refusing the motion on the ground that the judgment was void, because the magistrate was without jurisdiction, the summons being fatally defective, in that it was issued and served on November 26, 1902, and required the defendant to appear and answer on December 16, 1902, less than twenty days after service.
Section 88, subdivision 16, of the Code, provides, that "When twenty-five or more dollars is demanded, the complaint shall be served on the defendant, not less than twenty days before the day therein fixed for trial."
Prior to the decision in the case of Jenkins v. Ry.,
We shall not undertake to review the cases, prior to that of Jenkins v. Ry.,
Judgment affirmed.
Petition for rehearing dismissed by formal percuriam order filed March 26, 1912.