State Ex Rel. Wolfe v. Sanders
Citations
- 110 S.E. 808
- 118 S.C. 498
Syllabus
<p>1. Process—Order That Previous Order of Court and Petition Should be Regarded as Summons Held Conclusive of Objection That No Summons Had Been Served__Where in an original proceeding in the Supreme Court to determine title to the office of Sheriff, first hearing was postponed on defendant’s objection that for want of summons he had not had the time allowed by law for answering, and an order was then entered that a previous order for serving summons and petition on defendant would be regarded as a summons and complaint, in view of Code Civ. Proc. 1912, § 178, prescribing the requisites of summons, but failing to provide any particular form for it, was conclusive of the objection at a later hearing that no summons had been served on the defendant as required by Code Civ. Proc. 1912, § 177.</p> <p>2. Quo Warranto—Statute Construed to Abolish Quo Warranto. —Code Civ. Proc. 1912, § 462, abolished writ of quo warranto and proceedings by information in the nature of quo warranto, and provided that remedies theretofore obtainable in that manner should be obtained by civil action, which under Code Civ. Proc. 1912, § 177, should be commenced by service of summons.</p> <p>8. Sheriffs and Constables—Attorney General Need Not Obtain Leave of a Circuit Judge to Bring an Action to Try tile Title to the Office of Sheriff.—Under Code Civ. Proc. 1912, § 466, providing that certain actions, as an action to try title to the office of Sheriff, may be brought by the Attorney General in the name of the State upon his own information or upon the complaint of any private party, or by a private party interested, the provision as to obtaining leave from a Circuit Judge does not apply to suits by the Attorney General, but only to actions by private parties.</p> <p>4. Attorney General—Attorney General Need Not Obtain Leave of Circuit Judge Before Bringing Original Action in Supreme Court.'—Code Civ. Proc. 1912, § 466, requiring that, before an action may be brought by the Attorney General in
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “The purpose of the summons is to acquire jurisdiction of the person of the defendant. ...”
- \The purpose of the summons is to acquire jurisdiction of the person of the defendant....\
- “The purpose of the summons is to acquire jurisdiction of the person of the defendant .... ”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hydrick
Read full opinion on CourtListenerCited by
13 cases in this archive cite this case.
- BB & T v. TaylorSupreme Court of South Carolina· 2006-07-24· cited 70×
- Jensen Ex Rel. Estate of Muhammad v. ConradCourt of Appeals of South Carolina· 1987-04-06· cited 12×
- State Ex Rel. Thompson v. SeiglerSupreme Court of South Carolina· 1956-08-23· cited 12×
- White Oak Manor, Inc. v. Lexington InsuranceSupreme Court of South Carolina· 2014-01-15· cited 11×
- Ex Parte Condon v. StateSupreme Court of South Carolina· 2003-06-30· cited 8×
- HS Chisholm, Inc. v. KLINGERSupreme Court of South Carolina· 1956-02-16· cited 5×
- State v. LongSupreme Court of South Carolina· 2014-01-08· cited 4×
- Langford v. McLeodSupreme Court of South Carolina· 1977-04-20· cited 3×
- Ex Parte South Carolina Dept. of RevenueCourt of Appeals of South Carolina· 2002-06-27· cited 2×
- Ellingson v. KlingerSupreme Court of South Carolina· 1956-02-16· cited 1×
- McClure v. ElliottCourt of Appeals of South Carolina· 2002-06-27· cited 1×
- Privette v. GrinnellSupreme Court of South Carolina· 1939-08-01
- Ex Parte: Trustgard Insurance Company v. Full Logistics, Inc.Court of Appeals of South Carolina· 2023-09-06
Cites
1 case in this archive is cited by this case.
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.