Frazee v. Beattie

Citations

• 26 S.C. 348
• 2 S.E. 125
• 1887 S.C. LEXIS 44

Syllabus

<p>1. Unclei- proceedings by a landlord before a trial justice for the purpose of ejecting a tenant, whether rent was due, and whether the parol contract between the parties created a tenancy by the week, or the month, or the year, were questions of fact, which cannot be reviewed either in the Circuit Court or in this court, under a writ ot certiorari.</p> <p>2. A question as to the constitutionality of an act of the legislature should be raised by exceptions duty taken.</p> <p>3. The legislature may provide for a trial without jury, where in the same or analogous cases trial by jury did not exist prior to the constitution of 1868. In cases of landlord and tenant, no such right obtained prior to 1868, the proceeding before two magistrates and twelve freeholders not being a “trial by jury.”</p> <p>4.' Section 1819 of the General Statutes, which provides a summary mode of ejecting tenants holding over, is not rendered unconstitutional by its failure to provide for a jury trial, that mode of trial not having existed in analogous eases prior to the present State constitution.</p>