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172 S.C. 333

174 S.E 17

Miller v. White

Supreme Court of South Carolina

Decided March 29, 1934

Supreme Court of South Carolina · decided 1934-03-29

Decided 1934-03-29

Mr. Acting Associate Justice W. C. Cothran:

¶1I concur. However, I fear that many judgments have been rendered in the Courts of this State wherein a close examination would disclose this “common error” of service. If so, I prefer to adopt the rule of communis error facit jus as expressed in the case of Herndon v. Moore, 18 S. C., 339.

Mr. Chief Justice BlEase: I concur.
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