Hyrne v. Erwin

Supreme Court of South Carolina

Hyrne v. Erwin

22 S.C. 587

CourtSupreme Court of South Carolina

DecidedJanuary 27, 1885

DocketNo. 1645

StatusPublished

This text of 22 S.C. 587 (Hyrne v. Erwin) 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

Hyrne v. Erwin, 22 S.C. 587 (S.C. 1885).

Pincite

Opinion

per Curiam,

The appeal in this case having been dismissed by the clerk, it was restored to the docket by order of this court, on appellant’s motion, after notice to the respondent, who failed to appear. This was a motion to dismiss this appeal, so restored to the docket, upon affidavits explaining respondent’s failure to appear, and setting forth the facts upon which the appeal should be dismissed. But the court refused the motion, no facts being stated, except such as accrued prior to the order restoring the case to the docket, at which time the respondent had his opportunity to present these facts.

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Opinion

per Curiam,

The appeal in this case having been dismissed by the clerk, it was restored to the docket by order of this court, on appellant’s motion, after notice to the respondent, who failed to appear. This was a motion to dismiss this appeal, so restored to the docket, upon affidavits explaining respondent’s failure to appear, and setting forth the facts upon which the appeal should be dismissed. But the court refused the motion, no facts being stated, except such as accrued prior to the order restoring the case to the docket, at which time the respondent had his opportunity to present these facts.

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Bluebook (online)

22 S.C. 587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hyrne-v-erwin-sc-1885.