Stuckey v. D. W. Alderman & Sons Co.
Supreme Court of South Carolina
Before Wilson, J., Kingstree, Consolidated actions by C. F. Stuckey and W. A. Fitch against D. W. Alderman & Sons Company. From an order granting defendant’s motion for change of place of trial, plaintiffs appeal. cite: As to venue: Code Civil Proc., sec. 172, subd. 1; 16 S. C. 276; 80 S. C. 488. Lightwood stumps: 27 A. & E. Enc. of L. (2d ed.) 192; 37 Cyc. 339; 36 Wis. 92. Portion of realty: 97 Pa. 486; 30 Pa.’ 185; 72 Am. Dec. 694; 1 Washb.
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Before Wilson, J., Kingstree, Consolidated actions by C. F. Stuckey and W. A. Fitch against D. W. Alderman & Sons Company. From an order granting defendant’s motion for change of place of trial, plaintiffs appeal. cite: As to venue: Code Civil Proc., sec. 172, subd. 1; 16 S. C. 276; 80 S. C. 488. Lightwood stumps: 27 A. & E. Enc. of L. (2d ed.) 192; 37 Cyc. 339; 36 Wis. 92. Portion of realty: 97 Pa. 486; 30 Pa.’ 185; 72 Am. Dec. 694; 1 Washb. R. P.* (5th ed.) 16; 36 S. E. 402; 61 S. C. 339. cite: As to venue: 79 S. C. 555; 73 S. C. 179. Injury to real property: 40 Cyc. 75; 15 Pick.' 156.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
These two cases were tried together, and the question is the same. Respondent in its argument says:
“This is an action for damages commenced on the.22d day of March, 1916. The defendant gave notice of a motion to change the place of venue, and answered, reserving such right, and, upon such motion being made, an order was granted, changing the place of trial from Williamsburg county to Clarendon county, the defendant conducting its business at Alcolu, in the last named county.”
From this order the plaintiff appealed, and that is the…
2Cases cited1 opinion
- Pierce v. Marion County Lumber Co.Supreme Court of South Carolina · 1916
3Cited by3 opinions
- Big Robin Farms v. California Spray-Chemical Corp.District Court, W.D. South Carolina · 1958
- First National Co. v. StrakSupreme Court of South Carolina · 1929
- Coastal Mall, Inc. v. AskinsSupreme Court of South Carolina · 1975