Clark Bros. v. Wimberly

Citations

• 24 S.C. 138
• 1886 S.C. LEXIS 12

Syllabus

<p>1. A motion to dismiss an appeal was granted, counsel for appellant appearing and resisting the motion. On motion by appellant to reinstate this appeal on the docket, held, that judgment having already been rendered dismissing the appeal, the matter is res judicata. Hyrne v. Enoin, 22 S. O., 587.</p> <p>2. Failure to file affidavit of inadvertence in resistance of the motion to dismiss cannot, after judgment rendered, be relieved against under section 349 of the Code of Procedure, as there is no appeal pending or to be perfected after judgment Of dismissal.</p> <p>3. Appellant having been represented by counsel when the appeal was dismissed, section 195 of the Code does not apply. Quere: Does this section apply to the Supreme Court in any case ?</p> <p>4. A court of justice must always bear in mind that both parties to a cause have rights, and that unlimited indulgence to one will operate injustice to the other.</p>