Cotton v. Johnson

Citations

• 51 S.E. 245
• 71 S.C. 413
• 1905 S.C. LEXIS 60

Syllabus

<p>1. Magistrate — New Trial.- — An order on appeal from magistrate decision overruling a demurrer to the jurisdiction of the magistrate in proceeding to eject trespassers on ground that no notice to quit had been served on defendants, reversing the magistrate and granting a new trial, does not require the magistrate to dismiss the proceeding, but to grant the parties another hearing.</p> <p>2. Appeal.- — Where a defendant appears in magistrate court for sole purpose of demurring to the jurisdiction, and when his demurrer is overruled, withdraws from the court, he can not object to the proceedings after his withdrawal.</p> <p>3. Magistrate — Trespasser—Notice to Quit. — In proceeding to eject trespasser under Code 1902, 2972, service of rule to show cause based on affidavit is sufficient without service of notice to quit to give magistrate jurisdiction. Sires v. Moseley, 60 S. C., 504, affirmed.</p>