Pickens County v. Day

Citations

• 45 S.C. 161
• 22 S.E. 772
• 1895 S.C. LEXIS 20

Syllabus

<p>1. Appear — County Commissioners — Craim. —The minutes of a meeting of county commissioners on a certain day contained a statement that the board decided that the question before them was the approval of the claim of D., 1 ‘and as soon as acted upon due notice will be given said parties.” On a later day the board approved part of claim. Claimants did not have notice of this action for several months, but when notified, appealed within the five days. Held, that the appeal was in time, and the first action of the board was simply a ruling.</p> <p>2. Appear — Testimony—County Commissioners. — The right to appeal carries with it the right to introduce testimony to establish the facts of the case, and the county commissioners erred when they refused to permit the claimant to introduce testimony to support his claim.</p> <p>3. Craim — County Commissioners — Case Distinguished. — On appeal from judgment of county commissioners rejecting a portion of claim, it is not error to refuse judgment for the full amount, although there is no testimony against it, and claim is sworn to, because, in absence of evidence to contour, it must be presumed that commissioners did their duty. Aull v. Newberry, 42 S. C., 321, distinguished.</p>