Supreme Court of South Carolina, 1941

State v. Patterson

Supreme Court of South Carolina · Decided October 27, 1941 · Stukes, Messrs, Baker, Fishburne, Lide, Gaston

17 S.E.2d 153; 198 S.C. 181; 1941 S.C. LEXIS 74 (South Eastern Reporter, Second Series)

Counsel

Mr. Joseph Murray , of Columbia, for appellants, cites: As to motion to dismiss appeals: Rule 1 of the Sup. Ct. of S.C.; Rules 49 and 50 of the Circuit Court; Code 1932, Sec. 781, Subdiv. (3); Code 1932, Sec. 775, Subdiv. (2); Code 1932, Secs. 784 and 785; 28 S.C. 565 ; 6 S.E., 577 ; 85 S.C. 262 ; 67 S.E., 241 ; Rule 14 of Circuit Court. As to time for perfecting of appeal: Code 1932, Sec. 781, Subdiv. (3), 775, 784, 785; 90 S.C. 439 ; 73 S.E., 866 ; 121 S.C. 366 ; 113 S.E., 483 ; Rule 50 of Circuit Court; 16 S.C. 112 ; 28 S.C. 570 ; 6 S.E., 577 ; 59 S.C. 479 ; 38 S.E., 118 ; Code 1932, Secs. 387, 388; 169 S.C. 170 ; 168 S.E., 540 . As to granting of additional time: Rule 1, Supreme Court, Rule 49 Circuit Court, Code 1932, Sec. 781, Subdiv. (3); 123 S.C. 361 ; 116 S.E., 442 ; 16 S.C. 112 ; 28 S.C. 565 ; 65 S.E., 577 ; 85 S.C. 262 ; 67 S.E., 241 ; 121 S.C. 366 ; 113 S.E., 483 , 485 ; 131 S.C. 117 ; 126 S.E., 430 ; 154 S.C. 262 ; 151 S.E., 470 ; 160 S.C. 156 ; 159 S.E., 617 ; 156 S.C. 73 ; 152 S.E., 815 . As to abuse of judicial discretion: 154 S.C. 262 ; 151 S.E., 470 ; Code 1932, Sec. 785, Supreme Court Rules 14 and 15. Mr. Jeff D. Griffith, Solicitor, Mr. George Bell Timmerman , of Lexington, and Mr. J. Fred Buzhardt , of McCormick, for respondent.

Opinion of the Court

The opinion of the Court was delivered by

Mr. Associate Justice Stukes.

This appeal is from an order of his Honor, Judge Thurmond, filed December 5, 1940, which will be reported; it sufficiently states the facts. By it the perfecting of several appeals to this Court is permitted and this judgment will govern all of them.

The exceptions upon which the appeal here is taken have all been considered and are overruled. As stated in the order on circuit, the controversy is controlled by the case of Salley v. Western Mut. Fire Insurance Co., 177 S. C., 281, 181 S. E., 72, and the reasoning and conclusion of the Court, contained in the opinion delivered by the present Chief Justice, need not be now repeated.

The time limitations set forth in the order below shall begin to run upon the date of the filing in the office of the Clerk of the Circuit Court of the remittitur herein.

Affirmed.

Messrs. Associate Justices Baker and Fishburne and 'Messrs. Acting Associate Justices L. D. Lide and A. L. Gaston concur.

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