Wolfe v. Jessen, Sheriff

Supreme Court of South Carolina

Wolfe v. Jessen, Sheriff

161 S.E. 927, 164 S.C. 1, 1931 S.C. LEXIS 247

CourtSupreme Court of South Carolina

DecidedDecember 9, 1931

Docket13294

StatusPublished

This text of 161 S.E. 927 (Wolfe v. Jessen, Sheriff) 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

Wolfe v. Jessen, Sheriff, 161 S.E. 927, 164 S.C. 1, 1931 S.C. LEXIS 247 (S.C. 1931).

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Opinion

*2 The opinion of the Court was delivered by

Mr. Justice Bonham.

This proceeding has hung fire for a long time, owing to the pleas of each side for further time for one cause and another. Two months ago the petitioner was given leave to file some additional matter which has never been filed. However, that is immaterial, as the Court will not pass upon the merits of the cause. In the view which the Court takes, this matter should never have been brought in the original jurisdiction of this Court. It is a proceeding for the collection of an unliquidated demand; a matter essentially within the jurisdiction of the Court of Common Pleas. That Court is open to the parties. Without discussing, or passing upon the questions involved, the petition is dismissed with leave to take such action in the Court of Common Pleas as petitioner may be advised. And it is so ordered.

Mr. Chiep Justice BeEase and Messrs. Justices Stab-EER and Carter concur. Mr. Justice Cothran did not participate on account of illness.

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*2 The opinion of the Court was delivered by

Mr. Justice Bonham.

This proceeding has hung fire for a long time, owing to the pleas of each side for further time for one cause and another. Two months ago the petitioner was given leave to file some additional matter which has never been filed. However, that is immaterial, as the Court will not pass upon the merits of the cause. In the view which the Court takes, this matter should never have been brought in the original jurisdiction of this Court. It is a proceeding for the collection of an unliquidated demand; a matter essentially within the jurisdiction of the Court of Common Pleas. That Court is open to the parties. Without discussing, or passing upon the questions involved, the petition is dismissed with leave to take such action in the Court of Common Pleas as petitioner may be advised. And it is so ordered.

Mr. Chiep Justice BeEase and Messrs. Justices Stab-EER and Carter concur. Mr. Justice Cothran did not participate on account of illness.

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Bluebook (online)

161 S.E. 927, 164 S.C. 1, 1931 S.C. LEXIS 247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wolfe-v-jessen-sheriff-sc-1931.