Belger v. Caldwell

Taylor, Justice.

The sole question, in this appeal is whether or not the Circuit Judge erred in refusing appellant Caldwell’s motion for a change of venue from Hampton County to Colleton County, the County of his residence, it being contended that the defendant, Thomas Smith, a resident of Hampton County, is not a real party in interest but was so named in order to lay venue in the County of Hampton.

The complaint sets forth, in part, that on the night of December 18, 1954, respondents’ intestate, Gus Drawdy, while walking along the shoulder of Highway 28 in the Town of Varnville in Hampton…