McKinley Music Co. v. Glymph
Supreme Court of South Carolina
Before SeasE, J., Union, May, 1914. Appeal by McKinley Music Company, plaintiff, from order of Circuit Court granting a new trial before magistrate, on appeal from a judgment in favor of W. N. Glymph, trading as Glymph’s Pharmacy, defendant.
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Before SeasE, J., Union, May, 1914. Appeal by McKinley Music Company, plaintiff, from order of Circuit Court granting a new trial before magistrate, on appeal from a judgment in favor of W. N. Glymph, trading as Glymph’s Pharmacy, defendant. The facts are stated in the opinion. submits: Further return should have been required from magistrate: 56 S. C. 562; 96 S. C. 284. Plaintiff was entitled to directed verdict or judgment absolute, and order for new trial is appealable: 92 S. C. 369; 91 S. C. 37; 91 S. C. 454;' 77 S. C. 320. Parol testimony incompetent to contradict terms of written…
1Opinion of the Court
The opinion of the Court was delivered by
Mr Justice Gage.
The plaintiff sued defendant in a magistrate’s Court to recover $61.39.
' The suit is upon a long written instrument dated 20th September, 1912, and purporting to have been signed by both parties to this action. The thing for which defendant is alleged to have agreed to pay $61.39 is a “McKinley Edition Outfit;” but of what that consists it is hard to understand from the testimony.
The magistrate found for defendant; the plaintiff appealed to the Circuit Court; that Court ordered a new trial; the plaintiff appeals here from that order.
The…
2Cases cited1 opinion
- Wideman v. PattonSupreme Court of South Carolina · 1902
3Cited by4 opinions
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- Tallevast v. HerzogSupreme Court of South Carolina · 1954
- A & I, INC. v. GoreCourt of Appeals of South Carolina · 2005
- Town of North Augusta v. FennellSupreme Court of South Carolina · 1952