Cromer v. Boinest

Citations

• 27 S.C. 436
• 3 S.E. 849
• 1887 S.C. LEXIS 148

Syllabus

<p>1. A paper purporting to be a decree, rendered by one -who is not a judge either de jure or defacto, is an absolute nullity, and may bo so treated wherever met with. It would, therefore, present no questions proper to bo considered by this court on appeal.</p> <p>2. A decree of a court becomes operative as such from the time it is handed to the proper officer to be filed, and not from the time that the judge signs and dates it.</p> <p>3. A Circuit Judge in this State holds his office “for a term of four years” only, and not thereafter until liis successor is elected and qualified. After the expiration of that term, he is no longer a judge de jure.</p> <p>4. A Circuit Judge during his term of office heard a case, and wrote, signed, and dated his decree, but did not file it until his term had expired, he and all parties concerned being at the time ignorant of that fact. A few days afterwards he was re-elected for another term, and at a special court subsequently convened he called this case for the purpose of re-signing his decree as of that date, as he did in other cases, but upon objection of the plaintiff to his considering the ease then, he did not change the date, but returned the decree to the clerk. Held, that this was a valid decree of the court: (1) because the judge was a judge defacto when the decree was first filed, and (2) because the subsequent returning of the decree to the clerk was equivalent to a re-filing, if necessary, as of that date, even though not re-signed or re-dated, not ordered to be re-filed nor so marked. Mr. Chief Justice Simpson dissenting.</p> <p>5. Upon the death of A intestate, his widow administered and filed her bill for the settlement of his estate, and creditors were called in. Two creditors presented claims' — -R a judgment and S a sealed note, upon which 0 was a surety. Afterwards R assigned to C so much of her judgment as would pay the S note, and C gave notice to the widow of his assignment. Some months later, the lands we