Caston v. Brock

Citations

• 14 S.C. 104
• 1880 S.C. LEXIS 103

Syllabus

<p>1. An appeal from an order granting a new trial on the minutes dismissed, because the notice of appeal did not contain an assent on the part of appellant that if the order be affirmed judgment absolute should be rendered against him.</p> <p>2. Punctuation allowed some force in construction, it being, in this case, strictly consistent with one of two senses, which were equally grammatical, and inconsistent with the other.</p> <p>3. The terms bill of exceptions and exceptions taken, considered.</p> <p>4. Application for leave to amend a notice of appeal must be in writing and on due notice.</p> <p>5. Such amendment would not be allowed where the appeal was based upon the hearing at chambers of a motion for new trial upon the minutes, which was noticed at the same term and entered upon his docket by the presiding judge, but its nearing postponed by agreement beyond the adjournment of the term.</p>