State ex rel. Nesbitt v. Marshall

Citations

• 24 S.C. 507
• 1886 S.C. LEXIS 72

Syllabus

<p>1. A proceeding before a trial justice to eject a tenant (Gen. Stat. $ 1819), who claims title in himself, is not an action involving the title to land, but a summary proceeding, and the trial justice has jurisdiction. O’Neale'Y. Fielding, 10 S. C., 301.</p> <p>2. But in such proceeding, the tenant must be personally served with the notice to show cause, and when served by copy left, and he appeared and objected to the jurisdiction upon this ground, the trial justice was without jurisdiction, and the tenant, under a writ of certiorari, is entitled to have the proceeding vacated.</p>