Hewitt v. Reserve Life Ins. Co., 17573
| Decision Date | 28 October 1959 |
| Docket Number | No. 17573,17573 |
| Citation | 235 S.C. 201,110 S.E.2d 852 |
| Court | South Carolina Supreme Court |
| Parties | R. C. HEWITT, Respondent, v. RESERVE LIFE INSURANCE COMPANY, Appellant. |
Willcox, Hardee, Houck & Palmer, W. Laurier O'Farrell, Florence, for appellant.
Philip H. Arrowsmith, J. Frank Looper, Florence, for respondent.
The appellant, Reserve Life Insurance Company, did, on August 25, 1956, issue its 'Hospital Room Expense Policy' to R. C. Hewitt, the respondent herein, which said policy provided for the payment of certain hospital benefits in the event of the confinement of the insured to a hospital during the term of the policy. This action was instituted to recover benefits due the respondent under the provisions of said policy. The appellant denied the material allegations of the complaint and set up an affirmative defense that the policy had been rescinded by reason of false representations contained in the application of the respondent to the appellant for the issuance of said policy.
This case was tried before the Honorable W. T. McGowan, Jr., Judge of the Civil Court of Florence County, and a jury. The trial Judge submitted to the jury the questions raised by the pleadings, and that of waiver, estoppel and the knowledge of an agent being imputed to his principal. The jury found for the respondent in the amount of $370. The appellant timely moved for a directed verdict, non obstante veredicto, and in the alternative for a new trial. These motions were denied and this appeal followed.
The appellant's two exceptions are as follows:
'(1) That his Honor Judge McGowan erred, it is respectfully submitted, in refusing the defendant's motion for a directed verdict non obstante veredicto.
'(2) That his Honor Judge McGowan erred, it is respectfully submitted, in refusing the defendant's motion for a new trial.'
The foregoing exceptions are entirely too general, vague and indefinite to be considered. They do not comply with Rule 4, Section 6, of this Court, which provides as follows:
* * *'
In the case of Brady v. Brady, 222 S.C. 242, 72 S.E.2d 193, 194, this Court said:
In the case of Swygert v. Wingard, 48 S.C. 321, 26 S.E. 653, 654, we said:
'This court has so often held that the proper office of an exception is to point out some specific error complained of, and that an exception faulty in this respect will not be considered, that it is not necessary to cite any of the numerous cases upon the subject.'
The object of an exception is to present some distinct principle or question of law which the appellant claims to have been violated by the Court in the trial of the case from which the appeal is taken, and to present it in such form that it may be properly reviewed. Washington v. Muse, 150 S.C. 414, 148 S.E. 227. We have also held that each exception should contain a clear, succinct statement of the grounds upon which the motion referred to was based. Nolf v. Patton, 114 S.C. 323, 103 S.E. 528; Holden v. Cantrell, 100 S.C. 265, 84 S.E. 826.
Applying the rule of this Court and the pronouncements in the cited cases, it is readily apparent that the exceptions of the appellant hereinabove quoted are deficient.
The holding of the Court in the case of Mitchell v. Hamilton, 98 S.C. 289, 82 S.E. 425, 426, has application to exception (1) as proposed by the appellant herein. We quote from said case:
'The third exception is as follows: 'His honor erred in not granting defendants' motion for a nonsuit, at the close of the plaintiffs' testimony.'
The appellant's second exception charges the Court erred 'in refusing defendant's motion for a new trial.' In the case of Tucker v. Charleston & W. Ry. Co., 51 S. C. 306, 28 S.E. 943; the seventh exception charged the Court with error 'in refusing defendant's motion for a new trial.' The Court held that this exception was too general for consideration. Likewise, in the case of Swearingen v. Hartford Ins. Co., 52 S.C. 309, 29 S.E. 722, we find the trial court charged with error in these words: 'Because his honor erred in refusing to grant a new trial.' This Court held that the exception was too general to require further notice. In the case of Levi v. Gardner, 53 S.C. 24, 30 S.E. 617, this Court refused to consider an exception as being too general where the error alleged was 'in refusing to grant plaintiff's motion for a new trial.'
The case of Scott v. Independent Life & Accident Ins. Co., 227 S.C. 535, 88 S.E.2d 623, 624, was an action in tort. The defendant demurred to the complaint and such was overruled. Upon appeal to this Court, it was said:
'The sole exception on this appeal is as follows: 'His Honor erred, it is respectfully submitted, in holding that a cause of action has been stated in the complaint.'
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