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Mills v. Railroad Co.

Supreme Court of South Carolina
Jan 8, 1909
82 S.C. 126 (S.C. 1909)

Opinion

7091

January 8, 1909.

Motion in this Court in case of L.A. Mills against Atlantic Coast Line Railroad Company for suspension of appeal that motion for new trial on after-discovered evidence could be made in the Circuit Court.

Messrs. P.A. Willcox, H.E. Davis, and T. Moultrie Mordecai, for the motion.

Messrs. Legare and Holman, contra.


January 8, 1909.


Under the case of the State v. Lee, 80 S.C. 367, recently decided by this Court en banc, the Circuit Court has jurisdiction to entertain a motion for a new trial on the ground of after-discovered evidence, notwithstanding the pendency of an appeal in this Court, and the proper practice is to make such motion in that Court.

This Court is, however, not precluded from hearing the appeal now pending, and will do so unless there is other ground for continuance.


Summaries of

Mills v. Railroad Co.

Supreme Court of South Carolina
Jan 8, 1909
82 S.C. 126 (S.C. 1909)
Case details for

Mills v. Railroad Co.

Case Details

Full title:MILLS v. ATLANTIC COAST LINE R.R. CO

Court:Supreme Court of South Carolina

Date published: Jan 8, 1909

Citations

82 S.C. 126 (S.C. 1909)
63 S.E. 308

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