Steele v. C., C. & A. Railroad

Citations

• 14 S.C. 324
• 1880 S.C. LEXIS 130

Syllabus

<p>1. The order of a Circuit judge granting leave to a party to make a motion before another judge, is without force.</p> <p>2. A motion on the minutes for a new trial, upon the ground of excessive damages, made without argument, was refused by the trial judge, and an appeal therefrom dismissed by the Supreme Court for want of jurisdiction. Meld, that a succeeding Circuit judge had no power to grant an application for a new trial upon a case settled, but based upon the same grounds as before.</p> <p>3. The decision of one judge is not subject to be reviewed by another; and a motion once heard and decided, will only be reviewed upon a new state of facts arising after the decision.</p> <p>4. Neither the judgment nor the order refusing a new trial on the minutes, could be opened as matter of favor under Section 197 of the code of procedure, because of a misinterpretation of law by counsel.</p> <p>5. An expression of opinion ore tenus by one of the justices of the Supreme Court, after judgment pronounced, cannot affect the law of the case.</p>