Broom v. Helms
Supreme Court of South Carolina
Before Hydrick, J., Lancaster, October, 1908. Action by Elizabeth Broom et al. against Dock F. Helms. From order of nonsuit, plaintiffs appeal. No citations on point decided. No citations on point decided.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chi®? Justice Jones.
This is an appeal from an order of nonsuit in an action for partition of real estate, wherein an issue of title was raised by defendant’s answer, and the trial was had before a jury.
This being an action in equity, the authorities in this State are numerous to the effect that nonsuit is improper. Woolfolk v. Manf'g Co., 22 S. C., 332; McClenaghan v. McEachern, 47 S. C., 446, 25 S. E., 296; Barnes v. Rodgers, 54 S. C., 115, 31 S. E., 885; Gilreath v. Furman, 57 S. C., 289, 35 S. E., 516; Railway v. Beaudrot, 63 S. C., 266, 41 S.…
2Cases cited4 opinions
- Southern Ry. v. BeaudrotSupreme Court of South Carolina · 1902
- Barnes v. RodgersSupreme Court of South Carolina · 1899
- Gilreath v. FurmanSupreme Court of South Carolina · 1900
- McClenaghan v. McEachernSupreme Court of South Carolina · 1896
3Cited by1 opinion
- Jefferson Standard Life Insurance v. BoddieSupreme Court of South Carolina · 1942