Reeves v. Brayton

• Decision Date: 20 December 1893
• Citation: 18 S.E. 932,40 S.C. 551
• Parties: REEVES et al. v. BRAYTON.
• Court: South Carolina Supreme Court

18 S.E. 932

40 S.C. 551

REEVES et al. v. BRAYTON.

Supreme Court of South Carolina

December 20, 1893

Appeal from common pleas circuit court of Edgefield county.

Action by Sarah N. Reeves and others against Helen B. Brayton. From a judgment for defendant, plaintiffs appeal. Dismissed.

Allston & Patton, for appellants.

Bachman & Youmans, for respondent.

McIVER, C.J.

This is a motion to dismiss the appeal, based on the following notice and grounds: "Plaintiffs' attorneys will please take notice that the defendant will move the supreme court on Monday, December 17th, 1893, at 11 o'clock a. m., or as soon thereafter as counsel can be heard, to dismiss the appeal herein on the grounds (1) that the matter appealed from is not appealable; (2) that this court has not jurisdiction to hear and determine the exceptions herein, and the questions they involve, under the appeal herein. Bachman & Youmans." After hearing argument pro and con, the court granted the following order: "The State of South Carolina. In the Supreme Court. Sarah N. Reeves, Mary O. Pope, Eliza A. Lewis, Robert N. Lewis, Lena Lewis, William Lewis, and Daniel B. Lewis, Plaintiffs Appellants, against Helen B. Brayton, Defendant, Respondent. On hearing respondent's motion to dismiss the appeal herein, and the argument of Mr. Le Roy F. Youmans, for respondent, pro, and of Mr. H. C. Patton, for appellants, contra, and it appearing that there is no appealable matter from which the appeal has been taken, ordered, that the motion be granted, and the appeal be dismissed. This order is without prejudice to plaintiffs' right to take such legal steps legal steps hereafter as she may be advised, no opinion beyond the point decided being intimated."