State ex rel. Sawyer v. Fort

Citations

• 24 S.C. 510
• 1886 S.C. LEXIS 73

Syllabus

<p>1. Under the grant of powers by the constitution to the Supreme Court, that court can, under its writ of certiorari, inquire only as to the jurisdiction of the inferior court {Ex parte Childs, 12 S. C., Ill); but the Court of Common Pleas, under the same writ issued by that court, can also review errors of law apparent upon the record; but not errors of</p> <p>2. In proceedings to eject a tenant at will holding over {Gen. Stat., 11818), findings of fact by the trial justice are final, and cannot be reviewed under any process.</p> <p>3. Under a writ of certiorari issued by the Court of Common Pleas, that court has the power to determine, as matter of law, the construction of a written agreement; and having construed it as not creating the relation of tenancy at will, it has the power to restrain the order of the tidal justice based upon a contrary construction.</p> <p>4. Where a tenant rents land for a year, and agrees to surrender possession at the end of the year, but continues in possession for two years longer, it is not a tenancy at will; and, therefore, in such case a trial justice has no jurisdiction, under section 1818 of the General Statutes.</p>