Shull v. Caughman
Supreme Court of South Carolina
Before Gary, J., Lexington, October, 1898. Action for possession of real estate by Sue A. Shull v. Frances T. Caughman, since deceased, and J. A. Muller, as administrator, cum test, annex0. When plaintiff closed her case in chief, upon motion of nonsuit by defendant, and then to dismiss the complaint, the trial Judge made the following order: This cause came on to be heard before me at the September term, 1898, of the Court of Common Pleas for Lexington County.
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Before Gary, J., Lexington, October, 1898. Action for possession of real estate by Sue A. Shull v. Frances T. Caughman, since deceased, and J. A. Muller, as administrator, cum test, annex0. When plaintiff closed her case in chief, upon motion of nonsuit by defendant, and then to dismiss the complaint, the trial Judge made the following order: This cause came on to be heard before me at the September term, 1898, of the Court of Common Pleas for Lexington County. It involved the title to a lot of land in the town of Lexington, and the trial before me was the second one brought for the recovery…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The appeal herein is from an order of his Honor, Judge Gary, which, together with appellant’s exceptions, will be set out in the report of the case.
*2061 2 3 *205We will first consider whether there was error on the part of the presiding Judge in refusing the motion for an order of nonsuit. Rule XVIII. of the Circuit Court contains the following provisions: “A motion for a nonsuit must be reduced to writing by the moving counsel, or by the stenographer, under the direction of the Court, stating the grounds of the motion.” Upon appeal to this…
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