South Carolina State Highway Department v. Isthmian S. S. Co.

Supreme Court of South Carolina

South Carolina State Highway Department v. Isthmian S. S. Co.

43 S.E.2d 138, 210 S.C. 422, 1947 S.C. LEXIS 44

CourtSupreme Court of South Carolina

DecidedJune 6, 1947

Docket15956

StatusPublished

This text of 43 S.E.2d 138 (South Carolina State Highway Department v. Isthmian S. S. Co.) 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.

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South Carolina State Highway Department v. Isthmian S. S. Co., 43 S.E.2d 138, 210 S.C. 422, 1947 S.C. LEXIS 44 (S.C. 1947).

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Opinion

Per Curiam.

Judgment upon the appeal of The South Carolina State Highway Department, plaintiff in this action, against Isthmian Steamship Company, defendant, and respondent in that appeal but appellant here, was filed this day. 43 S. E. (2d) 132. It holds that the Company waived its objections to the jurisdiction of the Court of Common Pleas for Charleston County. That court finally overruled such objections and the Company, defendant below, excepted and seeks review of that action in this appeal. But whether there was error has become a moot question by reason of the result of the prior appeal. Under these circumstances the appeal is dismissed. 3 Am. Jur. 308 et seq., Appeal and Error, Sec. 733; 4 C. J. S., Appeal and Error, Sec. 1362, p. 1967 et seq.) Wallingford & Russell v. Benson, 17 S. C. 591; Cantwell v. Williams, 35 S. C. 602,44 S. E.. 549; Burgess v. Crumpton, 93 S. C. 562, 77 S. E. 356; Page v. Page, 167 N. C. 350, 83 S. E. 627.

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Per Curiam.

Judgment upon the appeal of The South Carolina State Highway Department, plaintiff in this action, against Isthmian Steamship Company, defendant, and respondent in that appeal but appellant here, was filed this day. 43 S. E. (2d) 132. It holds that the Company waived its objections to the jurisdiction of the Court of Common Pleas for Charleston County. That court finally overruled such objections and the Company, defendant below, excepted and seeks review of that action in this appeal. But whether there was error has become a moot question by reason of the result of the prior appeal. Under these circumstances the appeal is dismissed. 3 Am. Jur. 308 et seq., Appeal and Error, Sec. 733; 4 C. J. S., Appeal and Error, Sec. 1362, p. 1967 et seq.) Wallingford & Russell v. Benson, 17 S. C. 591; Cantwell v. Williams, 35 S. C. 602,44 S. E.. 549; Burgess v. Crumpton, 93 S. C. 562, 77 S. E. 356; Page v. Page, 167 N. C. 350, 83 S. E. 627.

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Bluebook (online)

43 S.E.2d 138, 210 S.C. 422, 1947 S.C. LEXIS 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/south-carolina-state-highway-department-v-isthmian-s-s-co-sc-1947.

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