C. L. Pace & Co v. Atl. Coast Line R. Co
| Decision Date | 09 June 1909 |
| Citation | 83 S. C. 33,64 S.E. 915 |
| Court | South Carolina Supreme Court |
| Parties | C. L. PACE & CO. v. ATLANTIC COAST LINE R. CO. |
Appeal and Error (§ 84*)—Decisions Reviewable—Order Granting New Trial. An order of the circuit court, made on appeal from a judgment of a magistrate, that the judgment of the magistrate be reversed and a new trial granted, is not appealable, as it does not determine any of the rights of the parties.
[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. § 533; Dec. Dig. § 84.*]
Appeal from Common Pleas Circuit Court of Marion County; S. W. G. Shipp, Judge.
Action by C. L. Pace & Co. against the Atlantic Coast Line Railroad Company. Judgment for plaintiffs on trial before a magistrate, and defendant appealed to the circuit court, where the judgment of the magistrate was reversed, and a new trial granted, and plaintiffs appeal. Appeal dismissed.
Jas. W. Johnson, for appellants.
Montgomery & Lide, for respondent.
This is an action for damages to a china closet and for $50 penalty. The case was tried before a magistrate, who (a jury trial being waived) rendered judgment for the amount claimed and costs, to wit, $66. The defendant appealed to the circuit court On hearing the appeal, his honor, the circuit judge, ordered that the judgment of the magistrate be reversed, and that a new trial be granted, on the ground that there was no testimony that the goods alleged to have been damaged were injured while in the possession of the defendant. The plaintiff has appealed from said order.
The case of Lampley v. Railway Co., 77 S. C. 319, 57 S. E. 1104, shows that said order is not appealable. The order does not determine any of the rights of the parties.
It is the judgment of this court that the appeal herein be dismissed.
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Snipes v. Davis
...the following cases are cited: Lampley v. Railroad, 77 S.C. 319, 57 S.E. 1104; Jones v. Woodside, 83 S.C. 565, 65 S.E. 819; Pace v. Railroad. 83 S.C. 33, 64 S.E. 915; DesChamps v. Railroad, 83 S.C. 192, 65 S.E. Barker v. Thomas, 85 S.C. 83, 67 S.E. 1. Also: " The rule has been applied even ......
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Daughty v. Northwestern R. Co. of South Carolina
... ... Coast Line Railroad Company ... issued its bill of lading to S. Hirschman & ... influenced by error of law, this court held, in Pace v ... Railroad Co., 83 S.C. 33, 64 S.E. 915, that an order of ... the ... ...
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Simmons v. Mason
... ... Jones v. Woodside Cotton Mills, 83 S.C. 565, 65 S.E ... 819; Pace v. Atlantic C. L. R. R. Co., 83 S.C. 33, ... 64 S.E. 915; Des Champs v ... ...
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McKnight v. Dyson
...judgment absolute, and therefore the order is not appealable. Lampley v. A. C. L. Ry., 77 S.C. 319, 57 S.E. 1104; Pace & Co. v. A. C. L. Ry., 83 S.C. 33, 64 S.E. 915; Des Champs v. A. C. L. Ry., 83 S.C. 192, 65 176; Dixon v. S. A. L. Ry., 83 S.C. 393, 65 S.E. 351; Jones v. Woodside Cotton M......