Dunham v. Carson

Citations

• 37 S.C. 269
• 15 S.E. 960
• 1892 S.C. LEXIS 17

Syllabus

<p>1. Appeal—Matters Involved.—Where the Circuit Judge sustains a plea in bar, and dismisses the complaint on that ground, and does not pass upon any other question, this court cannot consider and decide issues involving the merits urged by respondents in support of the result of the Circuit judgment.</p> <p>2. U. S. Court—Decree at Chambers.—It does not seem that a decree in an equity cause in the United States Circuit Court, finally determining the merits, could he rendered at chambers ; but certainly the courts cannot presume that a decree at chambers in such case was granted after hearing and considering the merits.</p> <p>3. Discontinuance—Subsequent Action.—A case having been moved from the State court to the United States Circuit Court before the cause was ready for trial, and no proceedings had in the latter court until order passed by the judge of that court, on plaintiff’s motion, “that upon payment of the costs incurred to date, this cause does stand dismissed, and that the clerk of this court is hereby directed to enter such discontinuance upon payment of said costs,” the order was not such a final determination of the questions there involved as would be a bar to another action between the same parties, or their privies, for the same purpose.</p> <p>•4. Removal oe Causes—Jurisdiction.—Where a cause is properly removable from the State courts to the United States Court, the filing of the required petition and bond under the act of Congress, deprives the State court of any further jurisdiction of the case; and any step taken thereafter in the State court is without authority.</p> <p>5. Discontinuance—Subsequent Action.—The fact that plaintiffs noticed their motion for discontinuance of their action “without prejudice,” and prepared an order to that effect, which was signed with the quoted words erased, did not make the order of discontinuance a decree on the merits.</p> <p>6. Ibid.—Ibid.'—Where a cause has not progressed so far as to entitle the defendant