Adkins v. Moore

Citations

• 43 S.C. 173
• 20 S.E. 985
• 1895 S.C. LEXIS 142

Syllabus

<p>1. A Jurisdictional Defect may be objected at any time.</p> <p>2. Ibid. — Trial Justice Summons — Time.—Where the amount claimed exceeds twenty-five dollars, the statute provides that the summons of the trial justice shall require the defendant to appear not more than twenty days from the date thereof, and to be served not less than twenty days before the day of trial. The defendant is, therefore, entitled to full twenty days after service, and a summons which required defendant to appear on the twentieth day after service was not within the jurisdiction of a trial justice, and this jurisdictional defect was not waived by the appearance of the defendant on the twenty-first day after judgment rendered.</p>