Calhoun v. Port Royal &c. Railway Co.

Citations

• 42 S.C. 132
• 20 S.E. 30
• 1894 S.C. LEXIS 28

Syllabus

<p>1. Motion for New Trial — Decision—Time.—Where a motion for new trial was made on the minutes of the court, and heard at the same term at which the verdict was rendered, and decided as soon as the judge had duly deliberated, his order granting a new trial must be regarded as filed mmc pro turn; it relates back to the time of the hearing, and was, in contemplation of law, heard and decided at the term of the verdict.</p> <p>2. Ibid. — Ibid.—Judsment.—Doubted whether a judgment may be entered on a verdict, pending motion for a new trial; but if entered, an order after-wards filed granting the motion cannot, for this cause, be reversed ón appeal.</p> <p>3. Judsment Absolute for respondent directed to be entered in accordance with the stipulation of appellant in his notice of appeal.</p>