Momeier v. John McAlister, Inc.

The opinion of the Court was delivered by

Mr. Justice StukES.

There was a former appeal in this action to this Court wherein the opinion is reported in 190 S. C., 529, 3 S. E. (2d), 606, and there is no need to add here to the statement there contained except to the extent necessary to understand the present appeal.

After the aforementioned decision of this Court was filed in the lower Court, defendants moved there to transfer the case to Calendar one for trial of legal issues. This the plaintiff resisted and the presiding .Judge made the following order:

“It appears that hitherto his Honor,…