The Code of Procedure of the State of South Carolina, Originally Adopted March 1st, 1870, Re-enacted and Republished as Part of the General Statutes, April, 1872, as Amended to Date |
From inside the book
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Page 27
... matters . 57. Appeal to the Circuit Court to be taken within fifteen days . 58. Repealed . 59. Grounds of appeal to be filed . 60. Certified copies of record to be filed in Circuit Court . 61. Proceedings stayed by appeal . 62. How ...
... matters . 57. Appeal to the Circuit Court to be taken within fifteen days . 58. Repealed . 59. Grounds of appeal to be filed . 60. Certified copies of record to be filed in Circuit Court . 61. Proceedings stayed by appeal . 62. How ...
Page 28
... matters testamentary , and of administration in business appertaining to minors and the allotment of dower , cases of idiocy and lunacy , and persons non compotes mentis . SEC . 39. The Judge of Probate shall have jurisdiction in ...
... matters testamentary , and of administration in business appertaining to minors and the allotment of dower , cases of idiocy and lunacy , and persons non compotes mentis . SEC . 39. The Judge of Probate shall have jurisdiction in ...
Page 30
... matters originally within the jurisdiction of the Probate Court . Pro- bate matters . SEC . 56. The Supreme Court 30 THE CODE AS IT IS .
... matters originally within the jurisdiction of the Probate Court . Pro- bate matters . SEC . 56. The Supreme Court 30 THE CODE AS IT IS .
Page 31
... matters , in the same manner as pro- vided by law in other cases . Appeal to the Circuit Court to fifteen days . SEC . 57. Any person interested in any final order , sentence or decree of any Probate Court , and considering himself ...
... matters , in the same manner as pro- vided by law in other cases . Appeal to the Circuit Court to fifteen days . SEC . 57. Any person interested in any final order , sentence or decree of any Probate Court , and considering himself ...
Page 32
... matter pending in the Probate Court of which he is Judge : Provided , It shall be lawful for Judges of Probate to practice law in other Courts in such cases as are not cognizable in the Courts of Probate . Proceedings to be commenced by ...
... matter pending in the Probate Court of which he is Judge : Provided , It shall be lawful for Judges of Probate to practice law in other Courts in such cases as are not cognizable in the Courts of Probate . Proceedings to be commenced by ...
Other editions - View all
The Code of Procedure of the State of South Carolina, Originally Adopted ... South Carolina,Robert a Lynch No preview available - 2016 |
The Code Of Procedure Of The State Of South Carolina, Originally Adopted ... South Carolina,Robert a Lynch No preview available - 2023 |
Common terms and phrases
15 Stat adverse party affidavit amended amount answer apply appointed attachment attorney bail cause of action certified CHAPTER Circuit Court Circuit Judge CIVIL ACTIONS Clerk Code of Procedure commenced Common Pleas complaint copy corporation costs counter claim County Court of Common damages decree deemed defendant deliver delivery demurrer deposit docket effect entered entitled examination execution fifty cents filed five dollars fourth Monday granted guardian injunction Judge of Probate judgment debtor jurisdiction jury letters patent liability manner ment Monday in February Monday in March Monday in October motion notice of appeal oath personal property plaintiff pleading prescribed Probate Court provisional remedy real property recover recovery reference rendered Repealed require reside second Monday Section two hundred served Sessions Sheriff or Constable specified statute summons Supreme Court sureties therein thereof thereto third Monday tion Trial Justice undertaking verdict Wednesdays following witness writ
Popular passages
Page 72 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Page 88 - ... to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the defendant.
Page 61 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 70 - ... The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either: 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action; 2.
Page 78 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise or excusable neglect...
Page 99 - ... 5. In the cases when a corporation has been dissolved, or is insolvent, or in imminent danger of insolvency, or has forfeited its corporate rights; 6.
Page 75 - In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally that the party duly performed all the conditions on his part...
Page 62 - When there is reason to believe that an impartial trial cannot be had therein : 3. When the convenience of witnesses and the ends of justice would be promoted by the change.
Page 75 - In an action for libel or slander, it shall not be necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally that the same was published or spoken concerning the plaintiff; and if such allegation be controverted, the plaintiff shall be bound to establish on the trial that it was so published or spoken.
Page 87 - ... for the prosecution of the action. for the return of the property to the defendant, if return thereof be adjudged, and for the payment to him of such sum as may from any cause be recovered against the plaintiff...