Legal Opinion

Gossett v. Gladden

Supreme Court of South Carolina

Decided June 27, 1919No. 10208PublishedCited by 2 opinions

Before SeasE, J., Spartanburg, - term, -. Action by A. C. Gossett against John T. Gladden before a magistrate. Judgment for plaintiff.

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Before SeasE, J., Spartanburg, - term, -. Action by A. C. Gossett against John T. Gladden before a magistrate. Judgment for plaintiff. An order for' new trial was entered which, on plaintiff’s appeal to- the Circuit Court, was reversed, and defendant appeals. submits: Magistrates have the same power to grant new trials as Circuit Judges: Code of Procedure 1912, sec. 97, subd. 17. If magistrates have the same power to grant nezv trials as the Circuit Judges, magistrates have discretionary power to grant new trial on after-discovered evidence: 14 S. C. 428; 14 S. C. 620; 15 S. C. 540; 16 S. C.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Gary.

This is an appeal from the following order of the Circuit Court:

“This case comes before me on appeal from an order of Magistrate D. K. Jennings, granting a new trial. The magistrate gave judgment for the plaintiff for the amount sued for. The defendant thereafter made a motion for a new trial on the ground of after-discovered evidence, which motion was supported by affidavits. The magistrate granted the motion and ordered a new trial of the case. The plaintiff thereupon gave notice of appeal from the order and filed exceptions.…

2Cases cited3 opinions

  1. Redfearn v. DouglassSupreme Court of South Carolina · 1892
  2. Speer v. MeschineSupreme Court of South Carolina · 1896
  3. A. & E. Leather Goods Co. v. SentzSupreme Court of South Carolina · 1910

3Cited by2 opinions

  1. Behrman v. A.C.L.R. R. Co.Supreme Court of South Carolina · 1921
  2. Blackwell v. FaucettSupreme Court of South Carolina · 1921

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