State v. Scheper

• Decision Date: 28 May 1890
• Citation: State v. Scheper, 33 S. C. 562, 11 S. E. 623 (S.C. 1890)
• Parties: STATE v. SCHEPER et al.
• Court: South Carolina Supreme Court

11 S.E. 623

33 S.C. 562

STATE v. SCHEPER et al.

Supreme Court of South Carolina

May 28, 1890

On motion to amend the record.

Verdier Elliott & Townsend, for appellants.

Atty Gen. Earle, for respondent.

PER CURIAM.

Upon the call of this case for hearing in the supreme court, the defendants, (appellants,) in pursuance of notice, made a motion to be allowed to serve additional exceptions, and incorporate them in the case. They submitted the following affidavit in support thereof: "Personally appeared before me, W. J. Verdier and W. H. Townsend, of counsel for appellants, who, being duly sworn, say that this case first came on to be heard in the court of common pleas for Beaufort county, in the year 1888 before Judge NORTON, upon issue joined on a demurrer to the complaint for the ground that it did not state facts sufficient to constitute a cause of action, and the demurrer was overruled; that there after the defendants served their answer, and the cause again came on to be heard, in February last, before Judge HUDSON and a jury, upon the issue of fact that defendants appealed from the judgment rendered against them at their second trial, and, in preparing their proposed case on such appeal, they did not put in as part of such case the demurrer, and order overruling the same, for the reason that they thought it could not properly form part of the case, regarding it as a distinct issue which had been decided and eliminated from the cause. The respondents served amendments to the proposed case, proposing, among other things, that the demurrer and order overruling the same, for the reason that they thought it could not properly form part of the case, regarding it as a distinct issue which had been decided and eliminated...