Henderson v. Wyatt
| Decision Date | 16 March 1877 |
| Court | South Carolina Supreme Court |
| Parties | HENDERSON v. WYATT. |
An order of the Circuit Court, allowing an appeal which had been denied by the Probate Court, upon the ground that it had not been taken in time, is not appealable.
An order of the Circuit Court, on an appeal from the decree of an inferior Court, must involve the merits or it is not appealable.
Ordinarily the Court will not interpose an objection to a proceeding which is not made by a party in interest, but there are exceptions to the rule, one of which is where great practical inconvenience is likely to arise from disregarding the objection.
The opinion of the Court was delivered by
The order appealed from was made by the Circuit Court, and its whole object was to allow an appeal from a decree made by the Probate Court, said appeal having been denied by the Probate Court upon the ground that it had not been taken in time. The order is not appealable, as it does not involve the merits of the case. The Code, Section 11, as amended November 25, 1873, (15 Stat., 495,) authorizes appeals to the Supreme Court from any “intermediate judgment, order or decree involving the merits in actions commenced in the Court of Common Pleas and General Sessions, brought there by original process, or removed there from any inferior Court or jurisdiction, and final judgments in such actions.
The word “actions,” as here used, clearly embraces all proceedings of an ordinary character in the several Courts from which an appeal may be taken to the Circuit Court, (Code, Section 2,) and would embrace an order made by the Circuit Court involving the merits on an appeal from the Probate Court from a decree of that Court, such as that referred to in this case. An order to involve the merits must finally determine some substantial matter forming the whole or a part of some cause of action or defense in the case in which the order is entitled. In the present case the only matter determined was whether the appeal from the Probate Court was taken in time. Such an order cannot be said to involve the merits, but merely affects forms of procedure.
The objection to the appeal just stated is not raised by the respondent. Ordinarily in that case the Court will not interpose an objection to a proceeding not made by the parties in interest, but this rule is subject to exceptions. When a question of jurisdiction is involved the Court may notice a defect of its jurisdiction such...
To continue reading
Request your trial
-
Brown v. Greenwood Mills, Inc.
...of some cause of action or defense in the case." Green v. City of Columbia, 311 S.C. 78, 427 S.E.2d 685 (Ct.App.1993) (citing Henderson v. Wyatt, 8 S.C. 112 (1877)). In the case sub judice, the order of the circuit court finally determined an issue on the merits—that Brown's smoking, a non-......
-
Oakwood Landfill v. Dept. of Health
...of some cause of action or defense in the case." Green v. City of Columbia, 311 S.C. 78, 427 S.E.2d 685 (Ct.App.1993) (citing Henderson v. Wyatt, 8 S.C. 112 (1877)). In the case sub judice, the order of the circuit court finally determined an issue on the merits—that Brown's smoking, a non-......
-
Ashenfelder v. City Of Georgetown, 4725.
...“finally determines some substantial matter forming the whole or a part of some cause of action or defense ....”) (quoting Henderson v. Wyatt, 8 S.C. 112, 112 (1877)); Lakes v. State, 333 S.C. 382, 384-85, 510 S.E.2d 228, 230 (Ct.App.1998) (“An appellate court has jurisdiction to review an ......
-
Blankenship v. Zimmerman
... ... complaint; that any appeal from this order should await an ... appeal from a final decree or judgment herein. Henderson ... v. Wyatt, 8 S.C. 112; Capell v. Moses, 36 S.C ... 559, 562, 15 S.E. 711; Rhodes v. Southern Ry., 68 ... S.C. 494, 502, 503, 47 S.E. 689; ... ...