Mitchell v. Bates

Citations

• 57 S.C. 44
• 35 S.E. 420
• 1900 S.C. LEXIS 13

Syllabus

<p>1. New Trial — Magistrate—Verbal Notice. — A motion for a new trial before a magistrate, made and entered on his docket within five days after trial, and on fifth day noticed verbally to adverse party, and thereafter argued and decided, is within the Code provisions. State ex rel. Brmin v. Ashe, 41 S. C., 92, distinguished from this. Code, 408, construed.</p> <p>2. “Case.'” — Facts of a case appearing only in argument will not be considered on appeal.</p> <p>3. New Trial — Notice.—Motion for new trial before magistrate may be made and entered by him on legal holiday.</p>