Moody v. BURNS

Fishburne, Justice.

This is an appeal from the order of the circuit court refusing a motion on the part of the defendant, Arthur Burns, trading as Arthur Burns Motor Company, appellant here, to change the venue of this action from Dillon County to Spartanburg County. The motion was based on the ground that Burns, being the real defendant in the cause and a resident of Spartanburg County, has the right to have the action tried in the county of which he is a resident; and that the joinder of the defendant, Uler C. Vander Hall a sham and immaterial defendant, could not defeat that right.

The…