Jones v. Woodside Cotton Mills

• Decision Date: 19 October 1909
• Parties: JONES v. WOODSIDE COTTON MILLS.
• Court: South Carolina Supreme Court

65 S.E. 819

83 S.C. 565

JONES v. WOODSIDE COTTON MILLS.

Supreme Court of South Carolina

October 19, 1909

Appeal from Common Pleas Circuit Court of Greenville County; James W. De Vore, Judge.

Action by R. H. Jones against the Woodside Cotton Mills. From an order remanding the case for a new trial, plaintiff appeals. Appeal dismissed.

Martin & Martin, for appellant. B. A. Morgan, for respondent.

JONES, C.J.

This appeal is from an order of the circuit court remanding the case to the magistrate for a new trial. As this is not a case in which judgment absolute could be rendered by this court, an appeal from an order granting a new trial will not be entertained. Lampley v. Atlantic Coast Line Ry., 77 S.C. 319, 57 S.E. 1104; Pace & Co. v. Atlantic Coast Line Ry., 83 S.C. 33, 64 S.E. 915; Deschamps v. Atlantic Coast Line Ry., 83 S.C. 192, 65 S.E. 176; Dixon v. Seaboard, A. L. Ry., 83 S.C. 393, 65 S.E. 351.

The appeal is therefore dismissed.