Melton v. Ellison's Administrators

Supreme Court of South Carolina

Melton v. Ellison's Administrators

4 S.C.L. 399

DecidedMay 15, 1810

StatusPublished

This text of 4 S.C.L. 399 (Melton v. Ellison's Administrators) 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

Melton v. Ellison's Administrators, 4 S.C.L. 399 (S.C. 1810).

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Opinion

Waties, J.,

delivered the opinion of the court. That the juris. diction of a justice of peace is, by act oí assembly, 1799, estab-bshed not to exceed $20, and by the State constitution it cannot exceed jS5 sterling, and that the judgment in this case being for upwards of $20, was erroneous. The magistrate, who gave judgment, having jurisdiction at the time of issuing his warrant, might perhaps have jurisdiction for $2Ü, and allowed the plaintiff to have remitted the excess, or interest which accrued after the suit brought, but could not give judgment for a sum above $20. I

Motion rejected.

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Waties, J.,

delivered the opinion of the court. That the juris. diction of a justice of peace is, by act oí assembly, 1799, estab-bshed not to exceed $20, and by the State constitution it cannot exceed jS5 sterling, and that the judgment in this case being for upwards of $20, was erroneous. The magistrate, who gave judgment, having jurisdiction at the time of issuing his warrant, might perhaps have jurisdiction for $2Ü, and allowed the plaintiff to have remitted the excess, or interest which accrued after the suit brought, but could not give judgment for a sum above $20. I

Motion rejected.

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Bluebook (online)

4 S.C.L. 399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/melton-v-ellisons-administrators-sc-1810.