Newton v. Bennett
Supreme Court of South Carolina
Before Memminger, J., Marlboro, Fall term, 1917. Action by L. D. Newton against Luther Bennett. Judgment of magistrate’s Court for plaintiff reversed by Circuit Court, and plaintiff appeals. submit: The plaintiff is not unmindful of the fact that this Court has held that an order reversing the judgment of a magistrate and ordering a new trial because of error of finding of fact is not appealable: 73 S. C. 71; 83 S. C. 33; 91 S C. 5; 91 S. C. 337; 103 S. C. 223; 77 S. C. 319.…
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Before Memminger, J., Marlboro, Fall term, 1917. Action by L. D. Newton against Luther Bennett. Judgment of magistrate’s Court for plaintiff reversed by Circuit Court, and plaintiff appeals. submit: The plaintiff is not unmindful of the fact that this Court has held that an order reversing the judgment of a magistrate and ordering a new trial because of error of finding of fact is not appealable: 73 S. C. 71; 83 S. C. 33; 91 S C. 5; 91 S. C. 337; 103 S. C. 223; 77 S. C. 319. But it insisted that the case at. bar does not fall within the rule announced in above cases and provided for in…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
Plaintiff was landlord and- defendant was a share cropper on his land for the year 1917. They made a verbal contract at the beginning of the year; but, in the fall, a dispute arose between them as to the division of the cotton seed. Plaintiff contended that, by the agreement, he was to have all the seed, while defendant contended that he was to get only half of them; and, when the first bale was sold, defendant kept, half the proceeds of the seed from it. They agreed to settle the controversy by Newton’s bringing an action in the…
2Cases cited1 opinion
- McCutchen v. CrenshawSupreme Court of South Carolina · 1894
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