Jenkins v. Atlantic Coast Line R. Co.

• Citation: 66 S.E. 409
• Parties: JENKINS v. ATLANTIC COAST LINE R. CO. (four cases). DE SCHAMPS v. SAME.
• Decision Date: 15 November 1909
• Court: United States State Supreme Court of South Carolina

66 S.E. 409

JENKINS v. ATLANTIC COAST LINE R. CO. (four cases).

DE SCHAMPS v. SAME.

Supreme Court of South Carolina

November 15, 1909

Appeal from Common Pleas Circuit Court of Sumter County; John S. Wilson, Judge.

Actions by R. M. Jenkins against the Atlantic Coast Line Railroad Company and by W. W. De Schamps against the same defendant. Cases directed to be heard by a Supreme Court en banc.

Lee & Moise, for plaintiffs. P. A. Willcox, Mark Reynolds, and L. W. McLemore, for defendant.

PER CURIAM.

These five cases involved the question whether a magistrate in Sumter county had jurisdiction in so far as the actions involved recovery of a penalty, whether the question of jurisdiction related to the subject-matter or to the person, and so whether contest upon the merits before the magistrate was a waiver of objection to jurisdiction, and incidentally whether in considering such question raised here for the first time this court could take judicial notice that St. Charles and Wisacky where the causes of actions are alleged to have arisen are in Lee county, and not in Sumter county.

Two of the justices of this court desiring that these cases should be submitted to the Supreme Court en banc, it is therefore ordered that the judges of the circuit courts of this state be, and they are hereby, called to the assistance of the Supreme Court in the determination of said question of jurisdiction at a session to be held in the Supreme Court rooms on Saturday, November 27th inst. at 12 o'clock m., or as soon thereafter as the causes may be heard.

Let the clerk of this court give due notice to all concerned.