McCrady v. Jones

Citations

• 36 S.C. 136
• 15 S.E. 430
• 1892 S.C. LEXIS 95

Syllabus

<p>1. Appeal — Intermediate Decree. — Notice of appeal from an intermediate order of the Circuit Court having been duly given, and said appeal stayed by a consent order until the “case reaches the Supreme Court on its merits,” the appeal from such order may be heard under a general notice of appeal and exceptions taken in proper time after the final decree in the cause.</p> <p>2. Ibid. — Ibid.—A decree which does not finally determine all the issues involved is intermediate, and may be reviewed under appeal from the final judgment, notwithstanding notice of intention to appeal from such decree was given within ten days after notice of its filing, and exceptions served within thirty days thereafter, but no further steps in the appeal then taken.</p> <p>3. Ibid.' — Ibid.—Consolidated Causes. — Two causes were consolidated and heard as one on Circuit, and the decree dismissed one of these causes, but was not final as to all the issues involved in the other. Held, that an appeal might lie prosecuted from such order of dismissal, after final judgment, on exceptions and notice of intention to appeal served in due time after the filing of the intermediate decree.</p> <p>4. Ibid. — Ibid.—Exceptions.—On appeal from a final judgment, this court will consider the exceptions then taken to intermediate decrees in the cause as well as those which were taken at the time such decrees were rendered.</p> <p>5. Equities op Dependants — -Additional Parties. — A plaintiff’s rights in her action for partition were undisputed, but her allegations in the complaint as to the shares of the several defendants were disputed by some of them, who claimed interests that could not properly be adjusted without adding another party as defendant. At this stage, by written consent signed by the parties, all matters at issue were referred to arbitration, but the judge refused to confirm the award because there had been no order of court directing the submission, and at the same time he ordered a refere