Reports of Cases Heard and Determined by the Supreme Court of South Carolina (Volume 84)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910. Excerpt: ... Argument of Counsel. 84 S. C. tion may not be regarded as very important, since the act of February 26, 1909, has altered the rule as to actions for certain penalties against them, but the case as a precedent will affect all actions for penalties imposed by statute, and in that view is important. But what to me seems very important is that if the magistrate had no jurisdiction of the subject matter, the judgment rendered for the penalty is void, and ought not to be affirmed, especially when the action of the Court may be regarded as overruling numerous decisions of the Court and departing from the longestablished law, without any good reason. Mr. Justice Woods and Circuit Judges Dantzler, Prince, Memminger and Aldrich concur in this opinion. 7396 DESCHAMPS v. ATLANTIC COST LINE R. R. 1. Testimony De Rene Esse.--A Deposition In Magistrate Court presented in a tattered condition should be received where the court is satisfied of its identity and authenticity and that its condition was not the result of tampering or fraud. 2. Carrier--Freight--Bill Of Lading--Value.--The limitation of value in a contract of shipment to the value at the place of shipment should be construed to mean the invoice price with the freight added. Before Wilson, J., Sumter, July, 1908. Affirmed. Action by W. W. DesChamps against Atlantic Coast Line Railroad Company. From circuit order affirming judgment of Magistrate H. L. B. Wells, defendant appeals. Messrs. P. A. Willcox, Mark Reynolds and Lucian W. McLemore, for appellants Rep. November Term, 1909. Messrs. Lee & Moise, contra. November 30, 1909. The opinion of the Court was delivered by Mr. Justice Gary. This appeal is from the judgment of the Circuit Court, affirming the judgment of a magistrate in Sumter county, for loss and dam...