R. STEINBERG, Agent for J. W. West, River Cess, Appellant. W. G. GREYWOOD, Appellee.
ARGUED DECEMBER 16, 1915. DECIDED JANUARY 10, 1916.
Dossen, C. J., and Johnson, J.
1. The court will not entertain a motion, unless notice of same, with a copy thereof, has been filed upon the opposite party, at least twenty-four hours before the hearing.
2. Rules of court are laws by which the practice of the court is governed; and should be scrupulously adhered to, until they are abrogated or annulled.
Mr. Justice Johnson delivered the opinion of the court:
Debt—Ruling on Motion to Dismiss. In this case, counsel for appellee, offered a motion praying the court to dismiss the case, on the ground : “That there is no legal bond filed in this case, in that in the purported bond filed in the aforesaid case by said appellant, he binds himself to comply with the judgment of the Supreme Court or any other court to which the case may be ‘rewritten’ or remanded.”
Counsel for appellee objected to the court entertaining the motion, because, he avers the notice of the motion, was not served upon him, in the time prescribed by Rule 2 of this court, which provides that “The party filing a motion shall serve upon the opposite party notice of the same with a copy thereof at least twenty-four hours before the hearing, is desired.” (See Rules Supreme Court.)
On inspecting the returns of the marshal endorsed on the notice which was served upon appellant, we find that the point raised by appellant’s counsel is well taken, and that the said notice is insufficient, as it was not served in the legal time.
We must here observe that rules of courts are laws by which the practice of the court is governed; and should be scrupulously adhered to, until they are abrogated or annulled. See legal maxim “The rule of the court is the law of the court.”
We are not therefore disposed to set aside the rule herein before cited. The motion to dismiss is therefore overruled, and the case assigned for hearing.
C. B. Dunbar, for appellant.
P. J. L. Brumskine, for appellee.