Burns v. Gower

Citations

• 34 S.C. 160
• 13 S.E. 331
• 1891 S.C. LEXIS 35

Syllabus

<p>1. Additional Exceptions allowed by this court to be taken, the grounds of the Circuit judgment having been misapprehended.</p> <p>2. Appeal prom Trial Justice.' — On hearing an appeal from a trial justice’s court in a civil case, the Circuit Court cannot review findings of fact to which no exceptions were taken.</p> <p>3. Ibid. — On appeal from a trial justice, the respondent may, by proper notice, urge in the Circuit Court in support of the judgment below,grounds which the trial justice had overruled, but is not bound to do so.</p> <p>4. Ibid. — Where the Circuit Judge considers findings of fact by a trial justice in favor of appellant to be erroneous, but no exceptions are taken thereto, and he sustains the exceptions upon the law points involved, he should either reverse the judgment below, or else order a new trial.</p> <p>5. New Trial by the trial justice ordered to be granted by the Circuit Court.</p>