Feinstein v. Politz
Supreme Court of South Carolina
Before SEasE, J., Anderson, July, 1915. Action by L. Feinstein against A. Politz, originally brought in a magistrate’s Court. During the trial the presiding magistrate took the stand as a witness in order to prove a memoranda made by him as referee in bankruptcy with reference to an alleged fact in the case. Judgment being rendered in the magistrate’s Court for the defendant, the plaintiff appealed to the Circuit Court, which ordered a new trial before the magistrate.
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Before SEasE, J., Anderson, July, 1915. Action by L. Feinstein against A. Politz, originally brought in a magistrate’s Court. During the trial the presiding magistrate took the stand as a witness in order to prove a memoranda made by him as referee in bankruptcy with reference to an alleged fact in the case. Judgment being rendered in the magistrate’s Court for the defendant, the plaintiff appealed to the Circuit Court, which ordered a new trial before the magistrate. From this order defendant appeals. The facts are stated in the opinion. submits; All exceptions to the rulings of the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
1 This action was commenced in a magistrate’s Court, to recover the sum of fifty dollars. The jury rendered a verdict in favor of the defendant, and the plaintiff appealed to the Circuit Court, on several exceptions, the fifth of which was as follows: “Because the magistrate erred in allowing the defendant to put him on the stand as a witness, and in testifying on behalf of the defendant in said case over the objection of plaintiff, it being respectfully submitted, that such conduct on the part of the magistrate was prejudicial…
2Cases cited4 opinions
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- Baker v. ThompsonSupreme Court of Georgia · 1892
- Sims v. JonesSupreme Court of South Carolina · 1895
- State v. WaldropSupreme Court of South Carolina · 1905
3Cited by5 opinions
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- Henry Mercantile Co. v. Georgetown & W. R. Co.Supreme Court of South Carolina · 1916
- Westbrook v. JefferiesSupreme Court of South Carolina · 1934
- State v. HooperSupreme Court of South Carolina · 1949
- Ward v. Atlantic Coast Line R.Supreme Court of South Carolina · 1930