Rhame v. B. B. Kirk Land Seed Co

Decision Date15 April 1930
Docket NumberNo. 12893.,12893.
CourtSouth Carolina Supreme Court

Appeal from Richland County Court; M. S. Whaley, Judge.,

Action by O. D. Rhame against the B. B. Kirkland Seed Company. From an order requiring plaintiff to elect upon which of two separate causes of action he would go to trial, plaintiff appeals..

Appeal dismissed.

Brantley & Zeigler, of Orangeburg, for appellant.

Melton & Belser, of Columbia, for respondent.


The plaintiff, O. D. Rhame, commenced this action against the defendant, B. B. Kirkland Seed Company, in the county court of Richland county, June 23, 1928, for the recovery of damages in connection with the sale of some pea seed by the defendant to the plaintiff. The alleged wrongs by the defendant to the plaintiff were stated under two separate causes of action. The case came on for trial before Hon. M. S. Whaley, judge of said court, and a jury February 8, 1929. On the call of the case for trial, upon written motion filed by the defendant, the trial judge ordered the plaintiff to elect upon which of the alleged causes of action he would go to trial, and in obedience to the order of the court the plaintiff elected to proceed to trial under the first alleged cause of action. The trial resulted in a verdict for the defendant. The plaintiff thereafter, within due time, filed notice of intention to appeal, and thereafter served his exceptions, all of which impute error to the trial judge in requiring the plaintiff to elect upon which alleged cause of action he would proceed to trial.

The exceptions present several interesting questions, but, so far as the record discloses, the plaintiff is appealing solely from the order of the trial judge requiring him to elect. There is no appeal from the verdict of the jury and the entry of judgment thereon. Therefore the questions raised by the exceptions become moot questions. After entry of final judgment in a case prior intermediate orders cannot be reviewed except upon appeal from the final judgment; and there being no appeal in this case from the final judgment, it is proper that the appeal from the intermediate order of Judge Whaley, directing the plaintiff to elect, should be dismissed. It is so ordered, and the appeal dismissed.

WATTS, C. J., and COTHRAN, BLEASE, and STABLER, JJ., concur.

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4 cases
  • Lee's Summit B. & L. Assn. v. Cross, 35795.
    • United States
    • Missouri Supreme Court
    • 13 Diciembre 1939
    ... ... and have no right, title, or interest in the Jackson County, Missouri land which was specifically devised to appellant by the will of Anna M. Cross ... Industrial Life & Health Ins. Co., 132 So. 890, 22 Ala. 399; Rhame v. Kirkland Seed Co., 152 S.E. 825, 156 S.C. 89; Alderman v. New Smyrna ... ...
  • Seagram Distillers Corp. v. Lang, 35045.
    • United States
    • Minnesota Supreme Court
    • 24 Febrero 1950
  • Seagram Distillers Corporation v. Lang
    • United States
    • Minnesota Supreme Court
    • 20 Enero 1950
    ...Jones v. Industrial Life & Health Ins. Co., 222 Ala. 399, 132 So. 890; Dixon v. Gregg, 124 Fla. 177, 168 So. 2; Rhame v. B. B. Kirkland Seed Co., 156 S.C. 89, 152 S.E. 825; Birch River Boom & Lbr. Co. v. Glendon Boom & Lbr. Co., 71 W.Va. 139, 76 S.E. ...
  • State v. Johnson
    • United States
    • South Carolina Supreme Court
    • 15 Abril 1930

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