O'Neal v. Atlas Assurance Co. of London

The opinion of the Court was delivered by

Mr. Justice Bonham.

The narrative of the facts which lead to this appeal furnishes evidence of the troubles which arise when counsel fail to put in writing their agreements relating to a cause and its trial.

In the present case, the respondent brought action in the magistrate’s Court at Mullins. The defendant, appellant here, was duly served. Counsel for defendant resides in Columbia. He and the plaintiff’s counsel, who lives at Mullins, had some arrangement, made by telephone and conversation, by which counsel for the defendant understood that the case…