Kibler v. McIlwain

Supreme Court of South Carolina
Kibler v. McIlwain, 12 S.C. 555 (S.C. 1879)
1879 S.C. LEXIS 60

Kibler v. McIlwain

Opinion of the Court

The opinion was delivered

Per Curiam.

The appeal must be dismissed for want of service in due time of notice of appeal upon the clerk. The power of allowing the rectification of any proceedings in taking an appeal where defective is regulated by the code and confined in terms to proceedings other than the notice of appeal as required. This excludes any general authority that might otherwise have been exercised.

Motion granted.

Reference

Full Case Name
A. J. KIBLER v. J. D. McILWAIN
Status
Published
Syllabus
Appeal dismissed on motion, for want' of service of notice of appeal upon the clerk of the Circuit Court, within the time required by statute.