Williams v. Irby

Citations

• 16 S.C. 371
• 1882 S.C. LEXIS 7

Syllabus

<p>1. When an action, brought in a trial justice’s court, must necessarily lie considered an action for the recovery of personal property, an affidavit that the property claimed does not exceed in value the sum of $100, is an essential prerequisite to the jurisdiction of that court. But, quáre — Where instituted without such prerequisite, and, afterwards, on appeal to this court, the case is remanded to the Circuit Court for new trial there, would an objection to the absence of such affidavit then avail the defendant?</p> <p>2. Where the allegations of the summons and complaint, in a trial justice’s court, are as appropriate to an action for damages for the taking and detention of personal property, as to an action for its specific recovery, on appeal taken to the Court of Common Pleas, the plaintiff may then elect to treat it as an action for damages (especially when so treated in the judgment of the inferior court), and in that case, no affidavit of value is necessary to the jurisdiction. Joplin v. Carrier, 11 8. C. 327, approved.</p>