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
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.