Mills v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Before DeíVorE J. Charleston April 1909. Motion to dismiss appeal from order refusing_ new trial on after-discovered evidence by defendant in L. A. Mills against Atlantic Coast Line R. R. Co. The Circuit order refusing the motion is: “This was a motion 'heard by me at this April term of Court, 1909, for the above -county for a new trial in the above stated case, upon after-discovered evidence.
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Before DeíVorE J. Charleston April 1909. Motion to dismiss appeal from order refusing_ new trial on after-discovered evidence by defendant in L. A. Mills against Atlantic Coast Line R. R. Co. The Circuit order refusing the motion is: “This was a motion 'heard by me at this April term of Court, 1909, for the above -county for a new trial in the above stated case, upon after-discovered evidence. It appears that the case was tried once by Judge Gage and a jury, and resulted in a verdict for plaintiff for sixteen thousand dollars, after which, upon motion for a new trial, on the minutes of this…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Jones.
This is a motion to dismiss an appeal from an order of Judge DeVore dated April 17, 1909 refusing motion for a new trial on after-discovered evidence.
During the pendency of the appeal from the judgment on verdict the defendant, appellant moved this Court for a suspension of the appeal that motion for new trial on after-discovered evidence could be made in the Circuit Court, and this Court, under the authority of State v. Lee, 80 S. C., 367, 61 S. E. 657, decided that the Circuit Court had jurisdiction to entertain such a motion…
2Cases cited5 opinions
- Wardlaw v. Troy Oil MillSupreme Court of South Carolina · 1906
- Sams v. HooverSupreme Court of South Carolina · 1890
- Seegers v. McCreerySupreme Court of South Carolina · 1894
- State v. LeeSupreme Court of South Carolina · 1908
- Peeples & Peeples v. WarrenSupreme Court of South Carolina · 1898
3Cited by4 opinions
- Miller v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1913
- Turner v. Southern Ry. Co.Supreme Court of South Carolina · 1922
- State v. TrippSupreme Court of South Carolina · 1925
- Rikard v. Great Atlantic & Pacific Tea Co.Supreme Court of South Carolina · 1932