Insurance Co. v. Fishburne

Full title: EQUITABLE FIRE INS. CO. v. FISHBURNE

Court: Supreme Court of South Carolina

Date published: Jun 24, 1905

72 S.C. 24 (S.C. 1905)

51 S.E. 528

Opinion

June 24, 1905.

Before DANTZLER, J., Charleston, March, 1904. Affirmed.

Motion to dismiss appeal in Equitable Fire Insurance Co. against S.H.M. Fishburne. From order granting motion, defendant appeals.

Mr. Julian Fishburne, for appellant, cites: 20 S.C. 582; Code of Proc., 349.

Messrs. Smythe, Lee Frost, contra.

June 24, 1905. The opinion of the Court was delivered by

MR. JUSTICE GARY.

This is an appeal from an order dismissing an appeal. The case of State v. Johnson, 52 S.C. 505, 30 S.E., 592, shows that his Honor, the Circuit Judge, had the power to grant such an order, and, in so doing, there was no abuse of discretion.

It is the judgment of this Court, that the order of the Circuit Court be affirmed.