Legal Opinion

Parham-Thomas-McSwain, Inc. v. Atlantic Life Insurance

Supreme Court of South Carolina

Decided December 23, 1916No. 9563PublishedCited by 8 opinions

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.

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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

  1. Woods v. Rock Hill Fertilizer Co.Supreme Court of South Carolina · 1915
  2. Daughty v. Northwestern RailroadSupreme Court of South Carolina · 1912
  3. Barker v. ThomasSupreme Court of South Carolina · 1910

3Cited by8 opinions

  1. Good v. Hartford Accident & Indemnity Co.Supreme Court of South Carolina · 1942
  2. Keels v. PowellSupreme Court of South Carolina · 1948
  3. Parham-Thomas-McSwain, Inc. v. Atlantic Life InsuranceSupreme Court of South Carolina · 1918
  4. Snipes v. Davis, Director GeneralSupreme Court of South Carolina · 1925
  5. Floyd v. PageSupreme Court of South Carolina · 1923

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