Davis v. Atlantic Coast Line R.

Citations

• 106 S.C. 351
• 91 S.E. 325

Syllabus

<p>Appeal and Error—Dismissal op Appeal—Academic Question.—Where a railroad in a suit for wages admitted owing the wages, but alleged that they were withheld because another had presented plaintiff’s power of attorney to collect the wages, notified the attorney under that power to come in and defend, and asked the Court’s directions as to paying the wages, and the attorney, though not joining as a party, testified as a witness and admitted that he had returned the power of attorney to the plaintiff at the latter’s request to avoid causing his discharge, an appeal by the railroad from a judgment for the plaintiff presented only academic questions, and will be dismissed.</p>