Capell v. Moses

Citations

• 36 S.C. 559
• 15 S.E. 711
• 1892 S.C. LEXIS 113

Syllabus

<p>1. Legal Issues — Practice.—Where a defendant claims title to land of which partition is sought, the case must be put on calendar 1, and the legal issue raised by the answer first submitted to a jury on the law side of the court and adjudicated, before the right to partition is passed upon. It is error to frame issues out of chancery to be submitted to a jury in such ease.</p> <p>2. Appeals — Stay—Interlocutory Orders based upon an erroneous proposition of law, and involving the right of trial according to law, are at once appealable, and notice of appeal from such an order operates as a stay of further proceedings on Circuit.</p>