Carroll v. Guess

Harwell, Justice:

The issue before this Court is whether a known defendant is entitled to trial in the county of his residence when the co-defendant is unknown and consequently, the co-defendant’s residence also is unknown.

I. FACTS

Respondents Kenny Carroll and Elliott Hutson were involved in an automobile accident involving the vehicle respondents occupied and another vehicle driven by either appellant William Guess, a resident of Bamberg County, or an unknown defendant “John Doe,” whose residence is unknown. Respondents brought this action for damages in Hampton County against both appellant…