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 13
... TRIED IN THE CIRCUIT COURT , AND TO ORDER REFEREES IN CERTAIN CASES . January 23 , 1873. ( 15 Stat . , 314. ) Empowered to enforce service . when may That whenever , in the course of any suit , action or proceeding Supreme Court in the ...
... TRIED IN THE CIRCUIT COURT , AND TO ORDER REFEREES IN CERTAIN CASES . January 23 , 1873. ( 15 Stat . , 314. ) Empowered to enforce service . when may That whenever , in the course of any suit , action or proceeding Supreme Court in the ...
Page 14
... tried in the Circuit Court . Supreme Court may appoint testimony . 3. That the Supreme Court shall also have the same powers Referees to take for the appointment of Referees to take testimony and report thereon , under such instructions ...
... tried in the Circuit Court . Supreme Court may appoint testimony . 3. That the Supreme Court shall also have the same powers Referees to take for the appointment of Referees to take testimony and report thereon , under such instructions ...
Page 22
... tried at the said special session , shall be considered as belonging to such sessions , in the same manner as if they had been issued or taken in reference thereto . All business depending for trial at any special session shall , at the ...
... tried at the said special session , shall be considered as belonging to such sessions , in the same manner as if they had been issued or taken in reference thereto . All business depending for trial at any special session shall , at the ...
Page 23
... tried and determined , with all rights respected and preserved , in the same manner as if originally brought there : Provided , That no cause shall be transferred to the dockets of the Courts aforesaid , not cognizable therein under the ...
... tried and determined , with all rights respected and preserved , in the same manner as if originally brought there : Provided , That no cause shall be transferred to the dockets of the Courts aforesaid , not cognizable therein under the ...
Page 41
... tried in all respects as other actions are tried in Trial Justices ' Courts . The judgment for the plaintiff may be for the possession , or for the recovery of the possession , or the value thereof , in case a delivery cannot be had ...
... tried in all respects as other actions are tried in Trial Justices ' Courts . The judgment for the plaintiff may be for the possession , or for the recovery of the possession , or the value thereof , in case a delivery cannot be had ...
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...