Furman v. Nelson

• Decision Date: 08 April 1946
• Docket Number: 15825.
• Parties: FURMAN v. NELSON.
• Court: South Carolina Supreme Court

37 S.E.2d 741

208 S.C. 249

FURMAN v. NELSON.

No. 15825.

Supreme Court of South Carolina

April 8, 1946

T. Brooks Alford, of Charleston, for appellant.

J Heyward Furman, Jr., of Charleston, for respondent.

OXNER Justice.

This proceeding was brought in the Civil and Criminal Court of Charleston by respondent, as landlord, to eject appellant, a tenant, for the non-payment of rent. The case was tried in September, 1945. At the close of the testimony, both appellant and respondent moved for a directed verdict. Respondent's motion was granted 'on the ground that it was admitted that the rent had not been paid', and a writ of ejectment was issued. On appeal to the Circuit Court in an order filed on October 25, 1945, the judgment of the Civil and Criminal Court was affirmed. Appellant has appealed to this Court on two exceptions. The questions raised cannot be determined without a consideration of the testimony, none of which is included in the Transcript of Record which the parties agreed upon. Appellant's counsel incorporated in his printed brief the testimony relied upon to sustain these exceptions. The case was placed on the calendar for oral argument on March 12, 1946. On March 8, 1946, appellant's counsel gave respondent's counsel notice that when the case was called for argument, he would move before this Court for permission to add to the Transcript of Record the testimony printed in his brief. Counsel were permitted to argue this motion along with the argument on the appeal. In oral argument, appellant's counsel frankly conceded, and we think properly so, that if his motion to incorporate this testimony in the record was denied, the dismissal of this appeal would necessarily follow.

Counsel for appellant states that his motion is based on Rule 8, Section 8, of this Court, the pertinent portion of which is as follows: 'If counsel desire to add any facts to those stated in the Transcript of Record they must either obtain the written consent of opposing counsel to the insertion of such additional facts, or they must, upon due notice, move this Court before the argument commences, for leave to insert such additional facts. All such additional facts inserted by consent or by the permission of the Court shall be printed.'

We do not construe this rule as giving a right as a matter of course to insert additional facts in the record. The motion for permission to do so is addressed to the discretion of the Court. Orderly procedure...