2013 South Carolina Code of Laws
Title 18 - Appeals
CHAPTER 7 - APPEALS TO CIRCUIT AND COUNTY COURTS IN OTHER CASES
SECTION 18-7-40, 18-7-50. Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.
EDITOR'S NOTE
1985 Act No. 100, Sections 1 and 3, provide as follows:
"Section 1. Pursuant to Article V, Section 4A of the Constitution of this State, the Supreme Court of South Carolina has promulgated Rules of Civil Procedure governing practice and procedure in civil actions in the courts of this State, which rules were not disapproved by the General Assembly; and it is the intent of the General Assembly to repeal provisions of the 1976 Code of Laws of South Carolina, to be replaced by the Rules of Civil Procedure."
"Section 3. In event of conflict between any provision of the South Carolina Rules of Civil Procedure and any other statutory provisions as to practice and procedure not repealed in this act, the provision of the rules shall control. However, neither the promulgation of the rules nor this act may be construed to affect the substantive legal rights of any party to any civil litigation in the courts of this State but shall affect only matters of practice and procedure."
Former Sections 18-7-40 to 18-7-50 were derived from 1962 Code Sections 7-304, 7-305; 1952 Code Sections 7-304, 7-305; 1942 Code Sections 796, 797; 1932 Code Sections 796, 797; Civ. P. '22 Sections 661, 662; Civ. P. '12 Sections 399, 400; Civ. P. '02 Sections 360, 361; 1880 (17) 306; 1873 (15) 501; 1870 (14) 371, 376.
Former Section 18-7-40 was entitled "Notice shall be served on magistrate and respondent".
Former Section 18-7-50 was entitled "Filing in lieu of service of notice on magistrate".
EDITOR'S NOTE
1985 Act No. 100, Sections 1 and 3, provide as follows:
"Section 1. Pursuant to Article V, Section 4A of the Constitution of this State, the Supreme Court of South Carolina has promulgated Rules of Civil Procedure governing practice and procedure in civil actions in the courts of this State, which rules were not disapproved by the General Assembly; and it is the intent of the General Assembly to repeal provisions of the 1976 Code of Laws of South Carolina, to be replaced by the Rules of Civil Procedure."
"Section 3. In event of conflict between any provision of the South Carolina Rules of Civil Procedure and any other statutory provisions as to practice and procedure not repealed in this act, the provision of the rules shall control. However, neither the promulgation of the rules nor this act may be construed to affect the substantive legal rights of any party to any civil litigation in the courts of this State but shall affect only matters of practice and procedure."
Former Sections 18-7-40 to 18-7-50 were derived from 1962 Code Sections 7-304, 7-305; 1952 Code Sections 7-304, 7-305; 1942 Code Sections 796, 797; 1932 Code Sections 796, 797; Civ. P. '22 Sections 661, 662; Civ. P. '12 Sections 399, 400; Civ. P. '02 Sections 360, 361; 1880 (17) 306; 1873 (15) 501; 1870 (14) 371, 376.
Former Section 18-7-40 was entitled "Notice shall be served on magistrate and respondent".
Former Section 18-7-50 was entitled "Filing in lieu of service of notice on magistrate".
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