DuBose v. Armstrong

Citations

• 29 S.C. 290
• 6 S.E. 934
• 1888 S.C. LEXIS 109

Syllabus

<p>Defendant in claim and delivery appealed from a verdict in a trial justice’s court before judgment was entered. The appeal was dismissed on its merits and plaintiffs then moved the trial justice to strike out part of the verdict as surplusage. This motion was granted and judgment entered, whereupon defendant appealed. The Circuit Judge held that the trial justice erred and ordered a new trial. Held, that the verdict not being in the form required by law, a new trial was properly ordered.</p>