Winston & Co. v. Georgia & F. R. R.

GLENN, District Judge.

This suit comes before me on a notice to refer the issues to a special master for trial. The defendant also gave notice that it would ask that the questions of fact arising in the suit be submitted to a jury for trial as provided by section 5660, volume 3, Code of Laws of South Carolina.

Afterwards the defendant gave notice of a further motion to dismiss the summons and complaint upon the ground, first, that a legal and equitable cause of aetion are joined in one suit; and, second, that the court has no jurisdiction to try the cause because it is an aetion at law and not…