Threatt v. Brewer Mining Co.

Citations

• 42 S.C. 92
• 19 S.E. 1009
• 1894 S.C. LEXIS 11

Syllabus

<p>1. Practice — Improper Calendar. — Where a case in the Circuit Court is docketed on the wrong calendar, the proper remedy, it seems, is a motion to have the cause transferred to the proper calendar.</p> <p>2. Trial op Issues. — tinder the Code of Procedure, an action may involve both legal and equitable issues, but they must be separately tried, each by its appropriate tribunal.</p> <p>3. Nuisance — Damages—Jury Trial — Injunction.—In action to recover damages for an alleged nuisance, and to enjoin its continuance, with the issue of nuisance or no nuisance raised by the pleadings, the question of nuisance and damages is a preliminary legal issue triable by jury, and the cause should properly be docketed on Oalendar No. 1. The prayer for injunction cannot deprive the action of its nature as an action at law.</p>