South Carolina § 18-7-190 Judgment on appeal; appeals on issue of law.

South Carolina Statutes

§ 18-7-190 — Judgment on appeal; appeals on issue of law.

South Carolina·Title 18 APPEALS·Ch. 7 APPEALS TO CIRCUIT AND COUNTY COURTS IN OTHER CASES

If the issue joined before the magistrate was an issue of law, the court shall render judgment thereon according to the law of the case; and if such judgment be against the pleadings of either party, an amendment of such pleading may be allowed on the same terms, and in like case, as pleadings in actions in the circuit court, and the court may thereupon require the opposite party to answer such amended pleading or join issue thereon, as the case may require, summarily. If upon an appeal in an issue of law the court should adjudge the pleading complained of to be valid, it shall, in like manner, require the opposite party summarily to answer such pleading or join issue thereon, as the case may require.

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If the issue joined before the magistrate was an issue of law, the court shall render judgment thereon according to the law of the case; and if such judgment be against the pleadings of either party, an amendment of such pleading may be allowed on the same terms, and in like case, as pleadings in actions in the circuit court, and the court may thereupon require the opposite party to answer such amended pleading or join issue thereon, as the case may require, summarily. If upon an appeal in an issue of law the court should adjudge the pleading complained of to be valid, it shall, in like manner, require the opposite party summarily to answer such pleading or join issue thereon, as the case may require.

South Carolina § 18-7-190 (Judgment on appeal; appeals on issue of law.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

HISTORY: 1962 Code SECTION 7-319; 1952 Code SECTION 7-319; 1942 Code SECTION 804; 1932 Code SECTION 804; Civ. P. '22 SECTION 669; Civ. P. '12 SECTION 407; Civ. P. '02 SECTION 368; 1870 (14) 383; 1873 (15) 502.