J. I. Gracy & Co. v. Wright

Decided November 15, 1822

Supreme Court of South Carolina · decided 1822-11-15

TRIED at Newberry, October, 1822. — These were summary processes on notes, the amount of which was within the summaiy jurisdiction of the court at the time the action was brought, but by the accumulation of interest pending the actions, the amount exceeded this jurisdiction at the time the cases Were called for trial. On the part of the defendants, it was objected that the demand being above the jurisdiction of the court, the plaintiffs were not entitled to judgment.

Decided 1822-11-15

Mr. Justice Johnson

¶1delivered the opinion of the court:

¶2If it were necessary, the most ample reasons might he given in support of the opinion expressed iri the court below, as tending to the prompt and efficient administration of justice without prejudice to either party, and at the least possible expense. All that is necessaiy however to a rule of practice is, that it should he fixed arid known.— The concurrence of the court in the opinion expressed in the court below is therefore all that is necessaiy for the purposes of the present case.

¶3The motions are refused.

Justices Huger, Gantt, Noti and Richardson, concurred.