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 |
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Page 24
... served personally ; and if any witness , upon whom such subpoena has been duly Failure to at- served , shall fail to attend conformably thereto , the Clerk by whom the same was issued shall have power to issue a rule , requiring such ...
... served personally ; and if any witness , upon whom such subpoena has been duly Failure to at- served , shall fail to attend conformably thereto , the Clerk by whom the same was issued shall have power to issue a rule , requiring such ...
Page 31
... served on the adverse party , at least twelve days before the time when the appeal is to be entered in the Circuit Court . SEC . 60. The person appealing shall procure and file in the Circuit Court to which such appeal is granted a ...
... served on the adverse party , at least twelve days before the time when the appeal is to be entered in the Circuit Court . SEC . 60. The person appealing shall procure and file in the Circuit Court to which such appeal is granted a ...
Page 36
... served upon such absent executor or administrator , trustee , guardian of minors , committee Citation to be of lunatics and persons non compos mentis by publication forthwith , by publication . once a week for four weeks , in the ...
... served upon such absent executor or administrator , trustee , guardian of minors , committee Citation to be of lunatics and persons non compos mentis by publication forthwith , by publication . once a week for four weeks , in the ...
Page 39
... And shall forthwith make a return of his proceedings thereon , and the manner of serving the same , to the Trial Justice who issued the said summons . Qualifications of bail . Justification of bail . The defendant THE CODE AS IT IS . 39.
... And shall forthwith make a return of his proceedings thereon , and the manner of serving the same , to the Trial Justice who issued the said summons . Qualifications of bail . Justification of bail . The defendant THE CODE AS IT IS . 39.
Page 40
... served , the sureties shall justify , or the plaintiff give new sureties on the return - day of said summons , who shall then appear and justify , or said Trial Justice shall order said property delivered to Defendant , and shall also ...
... served , the sureties shall justify , or the plaintiff give new sureties on the return - day of said summons , who shall then appear and justify , or said Trial Justice shall order said property delivered to Defendant , and shall also ...
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...