Glover v. Heyward
Supreme Court of South Carolina
Before Smith, J., Richland, Summer term, 1917. Action for malicious prosecution and appeal from order setting aside verdict of jury, in favor of plaintiff for $750 and granting new trial. cites: As to judicial powers of magistrates: -19 Stats. 819; Crim.
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Before Smith, J., Richland, Summer term, 1917. Action for malicious prosecution and appeal from order setting aside verdict of jury, in favor of plaintiff for $750 and granting new trial. cites: As to judicial powers of magistrates: -19 Stats. 819; Crim. Code 1912, sec. 23; Constitution 1895, art. V, secs. 6-21-26; 30 S. C. 105; 61 S. C. 25; 58 S. C. 92. cites: As to granting new trial: 64 S. C. 485; 77 S. C. 319; 92 S. C. 361. As to Court dismissing appeal and rendering judgment absolute against appellant: 107 S. C. 170;-74 S. C. 443.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
1 This is an appeal from an order granting a new trial by his Honor, Judge Smith. The order was granted by his •Honor upon the ground that he made an error in his charge to the jury. Ordinarily an appeal from an order granting a new trial is not allowed unless this Court can give judgment absolute. However, in this case the new trial was based and the order granted upon what his Honor conceived to be an error of law on his part in his charge to the jury, and from such an order an appeal will lie. Had he granted a new trial because he…
2Cited by5 opinions
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- Gardner v. Bank of PinehurstDistrict Court, M.D. North Carolina · 1940