Supreme Court of South Carolina, 1937

Into v. Georgia Cypress Co.

Supreme Court of South Carolina · Decided December 10, 1937 · Stabler, Messrs, Bonham, Baker, Fishburne, Carter

194 S.E. 336; 185 S.C. 437; 1937 S.C. LEXIS 48 (South Eastern Reporter)

Counsel

Mr. H. Klugh Purdy , for appellant, cites: Venue: Sec. 421, Code 1912; 72 S.C. 572 ; 52 S.E., 646 ; 25 S.C. 385 . Messrs. J.R. McCall and Hugh O. Hanna , for respondent, cite: Acts of officer in official capacity: 72 S.C. 672 ; 52 S.E., 606 ; 71 S.C. 8; 50 S.E., 548; 22 R.C.L., 506; 46 C.J., 1043; 31 S.C.L., 27; 44 Am. Dec., 271.

Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Stabler.

The plaintiff sued the defendants .in Hampton County for damages. The defendant, Zeigler, on the ground stated in the Court’s order, moved for a change of venue to Jasper County. The motion was refused, and this appeal followed.

We are satisfied from the careful examination of the record, that Judge Johnson was correct in holding that the acts stated and described in the complaint and the affidavits, the papers on which the motion was heard, were not official acts of the officer, and we approve the result of the Court’s decree.

The order appealed from, therefore, which will be reported, is affirmed.

Messrs. Justices Bonham, Baker and Fishburne concur. Mr. Justice Carter did not participate on account of illness.

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