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Reynolds v. Deaton

Supreme Court of South Carolina
May 30, 1912
91 S.C. 454 (S.C. 1912)

Opinion

8222

May 30, 1912.

Before GARY, J., Cherokee, November, 1911. Affirmed.

Action by C.H. Reynolds against Lum Deaton in court of Magistrate Wm. Phillips. From Circuit order granting new trial, plaintiff appeals.

Messrs. Butler Hall, for appellants, cite: Statutory mode of arbitration is cumulative to common law mode: 3 Cyc. 586, 800; 58 S.C. 299; 78 S.C. 312; 62 S.C. 105; 70 S.C. 549; 36 S.C. 80; 78 S.C. 203.

Messrs. Otts Dobson, contra, cite: Form of requirements of arbitration: 30 S.C. 518; 3 Cyc. 604, 625, 698; 2 Ency. 732; 1 McM. 302. Estray statutes must be strictly construed: 2 Cyc. 363-4, 366. Lien is not divested until charges are paid: 2 Cyc. 362.


May 30, 1912. The opinion of the Court was delivered by


No appeal lies from an order of the Circuit Court granting a new trial on an appeal to that Court from the court of magistrate, when both questions of law and fact are involved, and this Court cannot, therefore, render judgment absolute upon the right of the appellant. McKnight v. Dyson, infra 337, and cases cited.

Appeal dismissed.


Summaries of

Reynolds v. Deaton

Supreme Court of South Carolina
May 30, 1912
91 S.C. 454 (S.C. 1912)
Case details for

Reynolds v. Deaton

Case Details

Full title:REYNOLDS v. DEATON

Court:Supreme Court of South Carolina

Date published: May 30, 1912

Citations

91 S.C. 454 (S.C. 1912)
74 S.E. 985

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