Lipscomb v. Littlejohn
Supreme Court of South Carolina
Before Townsend, J., Cherokee, September, 1901. Action by W. Sam. Lipscomb against Newton G. Little-john. From order referring issues, defendant excepts. cite: Issue of damages should be tried by jury: 17 S. C., 416; 24 S. C., 9; 42 S. C., 95; 61 S. C., 5; 52 S. C., 451. If title to land is involved it is error to refer it: 60 S. C., 559; 61 S. C., 1. The'question of nuisance is for jury: 17 S. C., 416; 42 S. €., 95; 24 S. C., 44; 10 Ency., 799; 1 High on Inj., 570. As to…
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Before Townsend, J., Cherokee, September, 1901. Action by W. Sam. Lipscomb against Newton G. Little-john. From order referring issues, defendant excepts. cite: Issue of damages should be tried by jury: 17 S. C., 416; 24 S. C., 9; 42 S. C., 95; 61 S. C., 5; 52 S. C., 451. If title to land is involved it is error to refer it: 60 S. C., 559; 61 S. C., 1. The'question of nuisance is for jury: 17 S. C., 416; 42 S. €., 95; 24 S. C., 44; 10 Ency., 799; 1 High on Inj., 570. As to waiver of appeal by appellant: 2 Ency. P. & P., 173; 58 S. C., 456; Code, 288; 59 S. C., 219; 28 S. C., 268; 58 S. C.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
Judge Townsend, at chambers, after due notice, granted an order against the opposition to such order by the defendant, by which he ordered, “that it be referred to J. C. Otts, Esq., as special referee herein, to take the testimony in this case and report the same to' the Court, September 6, 1901.” Erom this order the defendant has appealed, and at the hearing before this Court abandoned all the grounds of appeal except those numbered 10, 12, 13 and 15, which are as follows:
“10. In not holding that, if this be a civil action, it must be…
2Cited by3 opinions
- Deering Milliken Research Corp. v. Textured Fibres, Inc.District Court, D. South Carolina · 1970
- Rippy v. SmithSupreme Court of South Carolina · 1907
- Central National Bank v. DuncanSupreme Court of South Carolina · 1907