Little Bros. v. Brock
Decision Date | 01 July 1912 |
Parties | LITTLE BROS. v. BROCK. |
Court | South Carolina Supreme Court |
Appeal from Common Pleas Circuit Court of Anderson County; R. W Memminger, Judge.
Action by Little Bros. against T. H. Brock. Defendant's motion to suppress depositions overruled, and he appeals. Affirmed.
A. H Dagnall, for appellant. Bonham, Watkins & Allen, for respondent.
This is an appeal from an order refusing to suppress certain depositions. The action was commenced on the 18th of December, 1911. On the 24th of January, 1912, notice was served upon defendant's attorney that the testimony of certain witnesses would be taken de bene esse at Knoxville, Tenn., on the 5th of February, 1912. The following statement appears in the record:
In the exceptions assigning error in this ruling, it was not made to appear that but for the defendant's attorney being so engaged he would have appeared at the taking of the depositions; nor that other counsel could not have been engaged to represent him in the taking of the depositions nor that the defendant was prejudiced by refusing the motion.
Such questions are necessarily largely within the discretion of the trial court. The case of Gibson v. Railroad Co., 88 S.C. 360, 70 S.E. 1030, is conclusive of the question raised by this appeal.
It is the judgment of this court that the judgment of the circuit court be affirmed.
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