City Council v. Weller

Citations

• 34 S.C. 357
• 13 S.E. 628
• 1891 S.C. LEXIS 66

Syllabus

<p>1. Case Criticised — City Court. — It necessarily follows from the decision in City of Charleston o. Ashley Phosphate Company (33 S. C., 25), that the City Court of Charleston is an inferior court.</p> <p>2. City Court — Appeals—Statutory Construction. — Section 2134, General Statutes, provides that all parties to causes in the City Court of Charleston “shall have the same right of appeal to the Supreme Court from the decisions of the said City Court, in the same form which is now or may be lawful for parties in the Circuit Courts in like cases, and the Supreme Court shall hear and determine such appeals in the same manner as appeals from the Circuit Court of Charleston County.1’ Section 358 of the Code of Procedure provides that “when a judgment is rendered by a trial justice’s court, by the.county commissioners or any other inferior court or jurisdiction, save the Probate Court heretofore provided for in this Code of Procedure, the appeal shall be to the Circuit Court of the County wherein the judgment was rendered.” The Code of Procedure is a part of the General Statutes. Held, that these two provisions being part of the same statute must be construed together, and so that the two provisions shall have full force and effect if possible. So construed, the particular intention declared in this section of General Statutes is an exception to the general rule laid down in the Code, and therefore appeals from the City Court of Charleston must be taken to the Supreme Court.</p> <p>3. Supreme Court. — The right of appeal to the Supreme Court being given by this section, and that court invested with power to hear and determine such appeals, it matters not if such right is omitted from section 11 of the Code, which declares the cases in which appeals may be taken to the Supreme Court.</p> <p>4. City Court — Appeals.—The right of appeal to the Supreme Court from the City Court is exclusive, and no appeal lies in such case to the Circuit Court.</p>