Speer v. Meschine

Citations

• 46 S.C. 505
• 24 S.E. 329
• 1896 S.C. LEXIS 68

Syllabus

<p>1. Trial Justice — New Trial — Code, Sec. 88, Sub. 17. — A trial justice may grant a new trial for reasons for which new trials have usually been granted in this State, when the. motion therefor is made within five days after judgment, although the order may not be made until some days thereafter — construing sec. 88, sub. 17, Code.</p> <p>2. Appeal — Order—Judgment—-Case Followed. — An appeal lies from an order granting a new trial, but a party failing to appeal therefrom, and having gone to trial, cannot afterwards question the granting of the new trial — following Redfern v. Douglass, 35 S. 0., 569.</p> <p>3. Trial Justice — Appeal—Judgment by Default — New Trial — Gases Followed.. — -When a trial justice renders a judgment by default, and the default can be satisfactorily explained, the remedy for defendant is not a motion for a new trial, but appeal. Following Doby &• Co. v. Duval, 19 S. C., 143; Lawrence v. Isear, 27 S. 0., 244.</p> <p>4. Supreme Court — Findings of Fact — Jurisdiction.—This Court has no jurisdiction to consider questions of fact in a law case concurred in by the Circuit Judge, where there is any evidence to support them.</p> <p>5. Statute of Frauds — Writings—Original Promise. — It is not necessary to consider in this case whether the writings were sufficient to bind the defendant to pay the debt of another, because the trial justice found that the claim was based on an original promise, the Circuit Judge concurred therein, and there was evidence to support it.</p>