State ex rel. McCall v. Cohen

Citations

• 13 S.C. 198
• 1880 S.C. LEXIS 39

Syllabus

<p>. 1. A judgment rendered by an inferior court against a party not brought within its jurisdiction by proper service of process, may be set aside-under proceedings by certiorari.</p> <p>2. A motion made before a trial justice to vacate, upon jurisdictional grounds, a judgment rendered by him, does not preclude proceedings by certiorari in the Circuit Court for the same purpose, where the want of jurisdiction appears upon the face of the record.</p> <p>3. A service by one styling himself a constable would not be sufficient service, in the absence of a duly authorized appointment in writing for such purpose, there being no regular constables in this state elected as required by the constitution.</p> <p>4. Proof of service by a constable can be made to appear only by his-affidavit.</p> <p>5. A voluntary appearance, to be binding upon the defendant, under Section 162 of the code of procedure, as the equivalent of personal service, must be made before judgment.</p>