Legal Opinion
Mills v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Decided January 8, 1909No. 7091PublishedCited by 3 opinions
Motion in this Court in case of L. A. Mills against Atlantic Coast Line Railroad Company for suspension of appeal that motion for new trial on after-discovered evidence could be made in the Circuit Court.
1Opinion of the Court
Order by
ChiEE Justice.
Under the case of the State v. Lee, 80 S. C., 367, recently decided by this Court en banc, the Circuit Court has jurisdiction to entertain a motion for a new trial on the ground of after-discovered evidence, notwithstanding the pendency of an appeal in this Court, and the proper practice is to make such motion in that Court.
This Court is, however, not precluded from hearing the appeal now pending, and will do so unless there is other ground for continuance.
2Cited by3 opinions
- State v. HawkinsSupreme Court of South Carolina · 1922
- State v. RodmanSupreme Court of South Carolina · 1911
- State v. HawkinsSupreme Court of South Carolina · 1922