Donly v. Fort

Citations

• 42 S.C. 200
• 20 S.E. 51
• 1894 S.C. LEXIS 32

Syllabus

<p>1. Motion nob New Trim. — Chambers—Void Obder. — A Circuit Judge lias no jurisdiction to hear at chambers a motion for new trial on the ground of after-discovered evidence (Clawson v. Hutchinson, 14 S. C., 51 Tj; anil, therefore, his order at chambers on such motion then presented, transferring the motion to the judge presiding at the next term of court, conferred no jurisdiction upon such succeeding judge in term time. And the motion having been made in court solely on the order of transfer, it could not then be considered as an original motion.</p> <p>2. Ibid. — Judgment Without Prejudice. — Judgment affirmed without prejudice to appellant’s right to make a proper motion on Circuit.</p>