Rollin v. Whipper

Citations

• 17 S.C. 32
• 1882 S.C. LEXIS 42

Syllabus

<p>1. Section 62 of the code of procedure requires a trial by jury in the-Circuit Court on appeal from the Probate Court, in those cases only where, according to the rules of law, a jury trial may be demanded.</p> <p>2. Section 276 specifies the classes of cases in which a jury trial may be-demanded as a legal right. In all other cases it is discretionary with the Circuit judge, and from his determination no appeal lies.</p> <p>3. On appeal to the Circuit Court from an order of the Probate Court revolting letters of administration, the Circuit jtidge committed no-error in refusing to submit to a jury issues of fact involving questions of fraud and waiver.</p> <p>4. Upon the application of the widow filed, within five weeks after the death intestate of her husband, the judge of Probate revoked the letters: of administration previously granted to a daughter of the intestate.. Held,, that in so doing he did not transcend his powers.'</p>