Griffin v. Owens

• Decision Date: 02 January 1934
• Docket Number: 13742.
• Citation: 172 S.E. 221,171 S.C. 276
• Parties: GRIFFIN v. OWENS et al. CALDWELL v. SAME. BRIDWELL v. SAME.
• Court: South Carolina Supreme Court

172 S.E. 221

171 S.C. 276

GRIFFIN v. OWENS et al.

CALDWELL v. SAME.

BRIDWELL v. SAME.

No. 13742.

Supreme Court of South Carolina

January 2, 1934

Appeal from Common Pleas Circuit Court of Richland County; W. H Grimball, Judge.

Actions by James C. Griffin, by Catherine Caldwell, by her guardian ad litem, Mrs. Eva Mae Caldwell, and by Mrs. Beulah Bridwell by her guardian ad litem, D. W. Bridwell, against Sam H Owens and Chevrolet coach, Motor No. 2656890, Serial No 23735, and bearing South Carolina license No. R-4--201. From an order granting plaintiffs' motion to change the place of trial from county of defendant's residence to county of plaintiffs' residence, defendants appeal.

Affirmed.

Herbert & Dial, G. Duncan Bellinger, and Joseph L. Nettles, all of Columbia, for appellants.

Johnston & Williams and Lyles & Daniel, all of Spartanburg, for respondents.

W. C. COTHRAN, Acting Associate Justice.

These three actions were commenced in November, 1931, and grew out of an automobile accident which occurred in the county of Spartanburg. The plaintiffs are residents of Spartanburg county, and the defendant Owens is a resident of Richland county. The automobile which, it is alleged, caused the damage was not attached.

The suits were brought in Spartanburg county, and shortly thereafter the defendant Owens obtained an order from the court of common pleas of Spartanburg county transferring the case to Richland county for trial upon the ground that he (Owens) was a resident of Richland county. Thereafter the plaintiffs made a motion before Circuit Judge Grimball for an order changing the place of trial from Richland county to Spartanburg county upon the ground that the convenience of the witnesses and the ends of justice would be promoted by such change. Judge Grimball granted the motion, and this appeal is from his order.

The principal facts, to wit, that the accident occurred in Spartanburg county, and that the defendant Owens is a resident of Richland county, are not disputed, and two sections of the Code are relied upon by the parties. The first section, to the effect that the suit must be tried in the county where the defendant resides (Code 1932, § 422), is relied upon by the defendants, and the other section, to the effect that the place of trial may be removed when the convenience of witnesses and the ends of justice would be promoted, is relied upon by the plaintiffs (Code 1932, § 426(3...