Equitable Fire Ins. Co v. Fishburne

• Decision Date: 24 June 1905
• Citation: 72 S.C. 24,51 S.E. 528
• Parties: EQUITABLE FIRE INS. CO. v. FISHBURNE.
• Court: South Carolina Supreme Court

72 S.C. 24

51 S.E. 528

EQUITABLE FIRE INS. CO.

v.FISHBURNE.

Supreme Court of South Carolina.

June 24, 1905.

Appeal from Magistrate—Dismissal.

The circuit judge has power to dismiss an appeal from a magistrate for want of prosecution, and in so doing there is no abuse of discretion.

[Ed. Note.—For cases in point, see vol. 31, Cent. Dig. Justices of the Peace, § 640.]

Appeal from Common Pleas Circuit Court of Charleston County; Dantzler, Judge.

Action by the Equitable Fire Insurance Company against S. H. M. Fishburne.From an order granting a motion dismissing an appeal, defendant appeals.Affirmed.

Julian Fishburne, for appellant.

Smythe, Lee & Frost, for respondent.

GARY, A. J.This is an appeal from an order dismissing an appeal.The case of State v. Johnson, 52 S. C. 505, 30 S. E. 592, shows that his honor the circuit judge had the power to grant such an order, and in so doing there was no abuse of discretion.

It is the judgment of this court that the order of the circuit court be affirmed.