Kibler v. McIlwain

Supreme Court of South Carolina

Kibler v. McIlwain

12 S.C. 555, 1879 S.C. LEXIS 60

Procedural entryThis page is a short order in Kibler v. McIlwain. Read the opinion of the Court — 16 S.C. 550 →

Supreme Court of South Carolina·Decided November 28, 1879·No. CASE No. 767·Published

Opinion

The opinion was delivered

Per Curiam.

The appeal must be dismissed for want of service in due time of notice of appeal upon the clerk. The power of allowing the rectification of any proceedings in taking an appeal where defective is regulated by the code and confined in terms to proceedings other than the notice of appeal as required. This excludes any general authority that might otherwise have been exercised.

Motion granted.

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The opinion was delivered

Per Curiam.

The appeal must be dismissed for want of service in due time of notice of appeal upon the clerk. The power of allowing the rectification of any proceedings in taking an appeal where defective is regulated by the code and confined in terms to proceedings other than the notice of appeal as required. This excludes any general authority that might otherwise have been exercised.

Motion granted.

Kibler v. McIlwain, 12 S.C. 555, 1879 S.C. LEXIS 60 (S.C. 1879).

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