Supreme Court of South Carolina, 1933

McConnell v. Baker

Supreme Court of South Carolina · Decided June 14, 1933 · Bonham, Chiee, Brease, Messrs, Stabrer, Carter

169 S.E. 842; 170 S.C. 111; 1933 S.C. LEXIS 144 (South Eastern Reporter)

Counsel

Messrs. Johnston Williams , for appellants, cite: As to contract for payment of traveling expenses: 133 Va., 305 ; 112 S.E., 607 ; 75 A., 303. As to recovery of excess payments made under contract: 39 C.J., 153; 141 S.E., 876 ; 57 A.L.R., 31; 127 A., 309 . Messrs. Lanham Lanham , for respondent, cite: Verdict and judgment of magistrate may be reviewed by County Court: 74 S.C. 509 ; 54 S.E., 1016 ; 87 S.C. 267 ; 69 S.E., 390 ; 102 S.C. 434 ; 86 S.E., 815 . As to appeal to highest Court from both Magistrate and County Court: 3 C.J., 1357; 53 S.C. 539 ; 31 S.E., 500 ; 59 S.C. 488 ; 38 S.C. 126 . Employee entitled to guaranteed periodical advances as stated in contract: 39 C.J., 153; 172 N.Y.S., 275; 105 W. Va., 221 ; 141 S.E., 876 ; 57 A.L.R., 31.

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Bonham.

This appeal is from an order of Judge Foster of the Spartanburg County Court, which sustains the judgment for the respondent given in the Court of Magistrate Ballenger. The issues properly involved in the case are clearly stated in the order of Judge Foster, and are disposed of in a manner satisfactory to this Court. It is needless to review the authorities which our investigation has found to be applicable. It is sufficient to say that the strong majority opinions of these authorities are in consonance with the conclusions reached by the order of Judge Foster. The annotation attached to the case of Richmond Dry Goods Company v. Wil son, 105 W. Va., 221, 141 S. E., 876, 57 A. L. R., 31-33, and the opinion in that case itself, are especially in point. See, also, 39 C. J., 153, §§ 205, 206.

The exceptions are overruled and the order appealed from is affirmed.

Ret it be reported.

Mr. Chiee Justice Brease and Messrs. Justices StabrEr and Carter concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.