Shelton v. Southern Ry.
Supreme Court of South Carolina
Before Gary, J., Kershaw, March, 1907. Motion to discontinue in William J. Shelton against Southern Railway-Carolina Division and Southern Railway. From order granting leave to discontinue, defendants appeal. Mr. Abney cites: As to right of discontinuance: Code of Proc., 391, 392, 395; 60 S. C., 177; 3 McC., 558; 1 Sp., 329; 1 Rich.
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Before Gary, J., Kershaw, March, 1907. Motion to discontinue in William J. Shelton against Southern Railway-Carolina Division and Southern Railway. From order granting leave to discontinue, defendants appeal. Mr. Abney cites: As to right of discontinuance: Code of Proc., 391, 392, 395; 60 S. C., 177; 3 McC., 558; 1 Sp., 329; 1 Rich. Eq., 294; 65 S. C., 500. Appellants are entitled to have contempt punished: 49 S. C., 208; 69 S. C., 568; 1 Clarke, 223.; 74 Ala., 427; 69 la., 77; 25 N. J. R., 209; 4 H. & M., 504; 53 Am. D., 736; 1 Dan. Ch. Pr., 481; 1 Smith Ch., Sec. 62; 19 Am. Dec., 459. Judge…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice; Jones.
This is an appeal from an order of Judge Ernest Gary, made at 'his chambers at Columbia, S. C., March 23, 1907, granting plaintiff’s motion to discontinue the above cause upon the payment of the costs to be taxed by the clerk.
1 On the call of the case in this Court, respondent, upon notice, made a motion to dismiss the appeal on the ground that such order is not appealable. The 'appealability of the order depends upon whether the order is a mere order of discontinuance, not affecting any substantial right of appellant, or whether…
2Cases cited3 opinions
- Turner v. ForemanSupreme Court of South Carolina · 1896
- Forrest v. City CouncilSupreme Court of South Carolina · 1903
- Ellen v. EllenSupreme Court of South Carolina · 1887