Sturgess v. Atlantic Coast Line R. Co.

• Decision Date: 22 April 1908
• Citation: 61 S.E. 261,80 S.C. 167
• Parties: STURGESS v. ATLANTIC COAST LINE R. CO.
• Court: South Carolina Supreme Court

61 S.E. 261

80 S.C. 167

STURGESS v. ATLANTIC COAST LINE R. CO.

Supreme Court of South Carolina

April 22, 1908

Petition in the Supreme Court to call the Supreme Court in banc to decide a constitutional question. Petition denied.

For original opinion, see 60 S.E. 939.

Legare, Holman & Baker, for petitioner.

Willcox & Willcox, T. M. Mordecai, and W. Huger Fitzsimons, for respondent.

PER CURIAM.

After careful consideration of the within petition, the court is satisfied that no material question of law or of fact has either been overlooked or disregarded. Upon the question of constitutional law involved the entire court is not agreed (as is required by section 12, art. 5, of the Constitution), and that question cannot be regarded as decided; and, as the justices concur in affirming the judgment of the circuit court upon other grounds, it is not necessary to call the circuit judges to the assistance of the Supreme Court.

It is therefore ordered that the petition be dismissed, and that the order heretofore granted staying the remittitur be revoked.