Ehrhardt v. Breeland

Citations

• 57 S.C. 142
• 35 S.E. 537
• 1900 S.C. LEXIS 40

Syllabus

<p>1. Judgment — Disqualification of Judge — Relationship—Magistrate. — A motion in Circuit Court to set aside a judgment of magistrate on ground of relationship between movant — defendant—and magistrate, made on affidavit without notice to opposite side, affidavit not stating that disqualification existed at time of trial, was properly refused.</p> <p>2. Evidence. — Nonsuit properly refused, because no evidence to show that defendant seized crops as agent of the landlord, his statement to that effect not being sufficient.</p> <p>3. Claim and Delivery. — Demurrer on ground of fatal variance between affidavit in claim and delivery and pleadings as afterwards amended by bringing in new party plaintiff, properly overruled.</p>