Clemmons v. Nicholson

The opinion of the Court was delivered by

Mr. A. R. Gaston, Acting Associate Justice.

The facts and the allegations contained in the pleadings are fully set forth by this Court on the former appeal herein. 180 S. C., 54, 185 S. E., 34.

On the second trial before Judge Rice and a jury, at the close of all of the testimony, the defendant moved for a directed verdict on three grounds. The presiding Judge sustained the first ground and directed a verdict in favor of the defendant. Judge Rice held that the magistrate had no jurisdiction to hold the preliminary, nor to issue the order dismissing the…