Legal Opinion

Hopkins v. Smathers

Supreme Court of South Carolina

Decided July 6, 1918No. 10428PublishedCited by 10 opinions

Before Wharey, J., County Court, Richland, June, 1918. Action by Jas. W. Hopkins against Herbert C. Smathers for delivery of an automobile.

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Before Wharey, J., County Court, Richland, June, 1918. Action by Jas. W. Hopkins against Herbert C. Smathers for delivery of an automobile. Verdict for plaintiff, and defendant appeals. cites: Continuance within discretion of trial Judge, unless discretion is abused: 78 S. C. 264; 93 S. C. 412; 93 S. C. 460. Where sole counsel engaged in other and higher Court continuance improperly denied: 50 S. E. 1129 (Ga.). Person dealing zvith alleged agent must know and act upon facts and circumstances tending to create agency: 55 S. C. 568. Oral argument.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This case was tried before County Judge Whaley, and a jury, and resulted in a verdict for the plaintiff for $355. After entry of judgment defendant appealed. Exceptions 1 and 2 allege error on the part of his Honor in not continuing the case on account of defendant’s counsel being a witness and interested in the Court of General Sessions.

From the affidavit presented to his Honor and what took place when motion was made, we are decidedly of the opinion that his Honor was in error in not continuing the case as moved for, and erroneously…

2Cited by10 opinions

  1. State v. LytchfieldSupreme Court of South Carolina · 1957
  2. State v. HartwigWashington Supreme Court · 1950
  3. Scott v. NewellSupreme Court of South Carolina · 1928
  4. State v. SpencerSupreme Court of South Carolina · 1935
  5. Barber v. Carolina Auto SalesSupreme Court of South Carolina · 1960

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