Benson v. Carrier

Citations

• 28 S.C. 119
• 5 S.E. 272
• 1888 S.C. LEXIS 22

Syllabus

<p>1. To sustain the judgment of an inferior court with limited jurisdiction, the proceedings must show everything necessary to give jurisdiction. This principle applies also to the transcript of a trial justice’s judgment, when filed in the Court of Common Pleas.</p> <p>2. If the omission of the name of the trial justice from the summons be an irregularity, it is cured by the written acceptance of service by the defendant.</p> <p>3. Where more than twenty-five dollars is demanded by a trial justice’s action, the defendant is entitled to twenty days’ notice of trial; but where on less notice ho voluntarily attends and goes to trial without objection, he is bound by the judgment then rendered against him.</p> <p>4. This case distinguished from Barron v. Dent, 17 S. 0., 75.</p>