Smith v. Walke

Citations

• 43 S.C. 381
• 21 S.E. 249
• 1895 S.C. LEXIS 162

Syllabus

<p>1. Jurisdiction — Submission.—A nonresident personally served in this State on a contract made in another State, submits himself and his contract to the jurisdiction of the courts of this Státe, by appearing and pleading, and going to trial on the merits.</p> <p>2. Pendency oe Another Action. — The plea of another action pending cannot be sustained, where the prior action was dismissed for want of jurisdiction before this action was commenced, though the formal order of dismissal, and notice of appeal thereforom (which was abandoned], were of later date.</p> <p>3. Evidence — Appeal.—The admission of immaterial testimony cannot furnish a ground for new trial.</p> <p>4. An Exception alleging error in a particular not supported by the appeal record, not considered.</p>