Claiborne v. Frazier

Supreme Court of South Carolina

Claiborne v. Frazier

4 S.C.L. 47

DecidedApril 15, 1806

StatusPublished

This text of 4 S.C.L. 47 (Claiborne v. Frazier) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claiborne v. Frazier, 4 S.C.L. 47 (S.C. 1806).

Pincite

Opinion

The court

granted the motion. The question arises on a rule . of court, which requires personal notice to the party, and not the attorney. Where a party is resident out of the State, notice cannot properly be served on him, and he cannot be considered within the scope of the rule ; at any rate, so far within it as to make it incumbent on him to attend personally. Whether be may not be required to answer interrogatories properly administered, under a commission, it is not now necessary to decide.

Motion granted.

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The court

granted the motion. The question arises on a rule . of court, which requires personal notice to the party, and not the attorney. Where a party is resident out of the State, notice cannot properly be served on him, and he cannot be considered within the scope of the rule ; at any rate, so far within it as to make it incumbent on him to attend personally. Whether be may not be required to answer interrogatories properly administered, under a commission, it is not now necessary to decide.

Motion granted.

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Bluebook (online)

4 S.C.L. 47, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claiborne-v-frazier-sc-1806.