The plaintiff in an action of claim and delivery before a magistrate may at the time of issuing the summons, but not afterwards, claim the immediate delivery of such property as herein provided.
HISTORY: 1962 Code Section 43-171; 1952 Code Section 43-171; 1942 Code Section 257; 1932 Code Section 257; Civ. P. '22 Section 213; Civ. P. '12 Section 80; Civ. P. '02 Section 71; 1870 (14) 74; 1879 (17) 28; Const. Art. 5, Sections 20, 21.
Structure South Carolina Code of Laws
Title 22 - Magistrates and Constables
Chapter 3 - Jurisdiction And Procedure In Magistrates' Courts
Section 22-3-10. Concurrent civil jurisdiction.
Section 22-3-20. Civil actions in which magistrate has no jurisdiction.
Section 22-3-25. Interpleader actions.
Section 22-3-30. Counterclaim requiring transfer to court of common pleas.
Section 22-3-110 to 22-3-290. Omitted by 2008 Act No. 267, Section 1, eff June 4, 2008.
Section 22-3-300. Filing and docketing judgments of magistrates.
Section 22-3-310. Executions on magistrates' judgments; effect of appeal thereon.
Section 22-3-320. Execution when judgment docketed.
Section 22-3-330. Courtesy summons.
Section 22-3-340. Assessments on filings.
Section 22-3-510. Criminal jurisdiction abolished in counties where county courts established.
Section 22-3-520. Jurisdiction limited to county.
Section 22-3-530. Trial in district where offense committed.
Section 22-3-540. Exclusive and concurrent jurisdiction.
Section 22-3-545. Transfer of certain criminal cases from general sessions court.
Section 22-3-560. Breaches of the peace.
Section 22-3-570. Larceny by stealing property not exceeding certain value.
Section 22-3-580. Receiving stolen goods.
Section 22-3-590. Obtaining property under false pretenses.
Section 22-3-710. Proceedings commenced on information.
Section 22-3-720. Amendment of information.
Section 22-3-730. Proceedings are summary.
Section 22-3-740. Election on which of several offenses to try accused.
Section 22-3-750. Procedure against corporations for violating criminal laws.
Section 22-3-760. Trial of corporation.
Section 22-3-790. Recording and acknowledgement of testimony by witnesses.
Section 22-3-800. Suspension of imposition or execution of sentence in certain cases.
Section 22-3-910. Jurisdiction when magistrate becomes incapacitated.
Section 22-3-920. Change of venue.
Section 22-3-930. Compelling attendance of witnesses and the giving of testimony.
Section 22-3-940. Magistrates empowered to take testimony de bene esse.
Section 22-3-950. Power to punish for contempt.
Section 22-3-1000. Time for motion for new trial; appeal; exception.
Section 22-3-1010. Itemized account of costs.
Section 22-3-1110. Defense of questionable title in defendant's answer.
Section 22-3-1130. Action discontinued upon delivery of undertaking; costs.
Section 22-3-1140. Procedure if undertaking not delivered.
Section 22-3-1150. Effect of plaintiff's showing developing an issue of title.
Section 22-3-1160. Defense of questionable title as to one of several causes of action.
Section 22-3-1180. Costs in circuit court action.
Section 22-3-1310. Claiming immediate delivery of property by plaintiff.
Section 22-3-1320. Affidavit of plaintiff in action of claim and delivery.
Section 22-3-1340. Defendant's exceptions to sureties in bond or undertaking.
Section 22-3-1360. Notice and opportunity for preseizure hearing required; waiver.
Section 22-3-1370. Order restraining defendant from damaging, concealing or removing property.
Section 22-3-1380. Determination upon affidavit showing danger of destruction or concealment.
Section 22-3-1390. Service of copy of affidavit of waiver or probability of damage or concealment.
Section 22-3-1400. Procedure when defendant cannot be found.
Section 22-3-1420. Taking property concealed in building or enclosure.
Section 22-3-1430. Care of property taken by constable.
Section 22-3-1450. Claim to taken property by third person.
Section 22-3-1460. Judgment in actions for claim and delivery.