Witherspoon v. SPOTTS AND CO.

I concur in so much of the opinion of Mr. Justice Taylor as holds that the motion for change of venue was timely made, it having been noticed before the term at which the case was for trial; but I respectfully dissent from affirmance of the holding that Sharpe Construction Company was an immaterial defendant, which was the ground upon which the venue was changed. Upon this issue I think that the plaintiff at least “balanced the evidence,” which is the test laid down by the pertinent decisions. Adams v. Fripp, 108 S. C. 234, 94 S. E. 109. Rosamond v. Lucas-Kidd Motor Co., 183.S. C. 544, 191 S.…