Parham-Thomas-McSwain, Inc. v. Atlantic Life Insurance
Supreme Court of South Carolina
Before Smith, J., Columbia, June, 1916. Action by Parham-Thomas-McSwain, Incorporated, against the Atlantic Life Insurance Company. From order setting aside a directed verdict on defendant’s counterclaim and refusing defendant’s motion for a directed verdict on plaintiff’s cause of action, defendant appeals. submit: Order is appealable: 43 S. C. 190; 11 S. C. 134; 34 S. C. 169; 43 S. C. 187; 61' S. C. 1; 24 S. C. 86; 32 S. C. 105. Fraud: 20 Cyc. -20; 10 Rich.
Read the full summary
Before Smith, J., Columbia, June, 1916. Action by Parham-Thomas-McSwain, Incorporated, against the Atlantic Life Insurance Company. From order setting aside a directed verdict on defendant’s counterclaim and refusing defendant’s motion for a directed verdict on plaintiff’s cause of action, defendant appeals. submit: Order is appealable: 43 S. C. 190; 11 S. C. 134; 34 S. C. 169; 43 S. C. 187; 61' S. C. 1; 24 S. C. 86; 32 S. C. 105. Fraud: 20 Cyc. -20; 10 Rich. L. (44 S. C. L.) .311; 20 Cyc. 32; 26 S. C. 222; 33 S. C. 35; 69 S. C. 87; 2 Strob. 154. Best evidence: 81 Am. Dec. 740; 73 S. E. 853;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
This is an appeal from an order setting aside a directed verdict, on the counterclaim interposed by the defendant; also, from the order refusing the defendant’s motion for the direction of a verdict, as to the plaintiff’s cause of action; The jury failed to agree upon a verdict, and a mistrial was ordered as to the cause of action alleged in the complaint.
1/2 An order refusing a nonsuit, or the direction of a verdict, is not appealable until after final judgment. The reasons are fully stated in Agnew v. Adams, 24 S. C. 86. This…
2Cases cited3 opinions
- Woods v. Rock Hill Fertilizer Co.Supreme Court of South Carolina · 1915
- Daughty v. Northwestern RailroadSupreme Court of South Carolina · 1912
- Barker v. ThomasSupreme Court of South Carolina · 1910
3Cited by8 opinions
- Good v. Hartford Accident & Indemnity Co.Supreme Court of South Carolina · 1942
- Keels v. PowellSupreme Court of South Carolina · 1948
- Parham-Thomas-McSwain, Inc. v. Atlantic Life InsuranceSupreme Court of South Carolina · 1918
- Snipes v. Davis, Director GeneralSupreme Court of South Carolina · 1925
- Floyd v. PageSupreme Court of South Carolina · 1923
3 more not listed; retrieve them via the Exa API.