Barrow v. Gowdy
Supreme Court of South Carolina
Before Townsend, J., Clarendon, Summer term, 1919. Action by J. M. Barrow against S. M. Gowdy for specific performance. From an order denying a motion for change of venue, defendant appeals. cite: Place of trial of civil actions: Secs. 172-174 Code.
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Before Townsend, J., Clarendon, Summer term, 1919. Action by J. M. Barrow against S. M. Gowdy for specific performance. From an order denying a motion for change of venue, defendant appeals. cite: Place of trial of civil actions: Secs. 172-174 Code. Residence of defendant proper place of trial unless case is one where jury trial can be demanded as of right, in which case trial must be had in county zvhere land is situated: 40 Cyc. 57, 58, 59, 63.; 61 S. C. 512. Cases cited in Judge Townsend’s order differentiated from case at bar. cites: Action for specific performance not solely an action in…
1Opinion of the Court
The opinion of the Court was delivered by
Me. Justice Watts.
The sole question raised by this appeal is whether the county designated for the purpose of trying the action in the, complaint is the proper county or not.
The defendant is a resident of Florence county, and plaintiff is seeking specific performance of a contract to convey land situate in Clarendon county and brought his suit for specific performance in the Court of Common Pleas for Clarendon county. A motion was made before Judge Townsend to change the venue from Clarendon county to Florence county, which motion was refused.
The…
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