Simmons v. Mason
Supreme Court of South Carolina
Before Memminger, J., Hampton, October, 1910. Action by R. J. Simmons against J. G. Mason and R. R. Mason in court of A. R. Youmans, magistrate. From order granting new trial, plaintiff appeals. cites: The kind of evidence necessary to warrant a new trial on after-discovered evidence: 1 Bay 264; 10 S. C. 313; 15 S. C. 547; 16 S. C. 123; 54 S. E. 661; 69 S. E. 97.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
In this action in a magistrate’s court to recover on an alleged contract for the rent of turpentine trees, the plaintiff recovered judgment. Thereafter the defendants gave notice -that they would move before the magistrate for a new trial upon affidavits which were served upon the magistrate and plaintiff’s counsel. After consideration of the motion, which was submitted without argument, the magistrate ordered a new trial. On appeal the order of the magistrate was affirmed by the Circuit Court.
The plaintiff’s counsel argued with great…
2Cases cited6 opinions
- Lampley v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1907
- Barker v. ThomasSupreme Court of South Carolina · 1910
- C. L. Pace & Co. v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1909
- Dixon v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1909
- Jones v. Cotton MillsSupreme Court of South Carolina · 1909
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3Cited by2 opinions
- Daughty v. Northwestern RailroadSupreme Court of South Carolina · 1912
- Snipes v. Davis, Director GeneralSupreme Court of South Carolina · 1925