Mills v. Atlantic Coast Line R. Co.

• Decision Date: 08 January 1909
• Citation: 63 S.E. 308,82 S.C. 126
• Parties: MILLS v. ATLANTIC COAST LINE R. CO.
• Court: South Carolina Supreme Court

63 S.E. 308

82 S.C. 126

MILLS v. ATLANTIC COAST LINE R. CO.

Supreme Court of South Carolina

January 8, 1909

Appeal from Common Pleas Circuit Court, Charleston County; D. E. Hydrick, Judge.

Action by L. A. Mills against the Atlantic Coast Line Railroad Company. From a judgment for plaintiff, defendant appeals. Order entered.

P. A. Willcox, W. H. Fitzsimmons, T. Moultrie Mordecai, and Henry E. Davis, for appellant.

Legase, Holman & Baker, for respondent.

PER CURIAM.

Under the case of the State v. Lee (recently decided by this court en banc) 80 S.C. 367, 61 S.E. 657, the circuit court has jurisdiction to entertain a motion for a new trial on the ground of after-discovered evidence, notwithstanding the pendency of an appeal in this court, and the proper practice is to make such motion in that court. This court is, however, not precluded from hearing the appeal now pending, and will do so, unless there is other ground for continuance.