Utsey v. Charleston, R. R.

Citations

• 38 S.C. 399
• 17 S.E. 141
• 1893 S.C. LEXIS 75

Syllabus

<p>1. Change or Venue — Chambees.—An order directing a change of venue in a civil action, for the convenience of witnesses, may be granted by a Circuit Judge at chambers.</p> <p>2. Ibid. — Jury Trial. — The order in this case was granted in terms, upon the statutory authority (Code, $ 147), to change the venue when “the conveniences of witnesses and the ends of justice would be promoted by the change.” And it would seem that the ends of justice are subserved when a cause is submitted to a jury of the same vicinage as the witnesses.</p> <p>3. Ibid. — Constitutional Grant — Legislative Power. — The constitutional provision (art. V., sec. 2), requiring the legislature “to pass the necessary laws for the change of venue in all cases, civil and criminal, * * * upon a proper showing, supported by affidavit, that a fair and impartial trial cannot be had in the' county where such trial or prosecution was commenced,” was not an exhaustive grant of legislative power over change of venue ; and, therefore, the statutory enactment, further authorizing such a change, “when the convenience of witnesses and the ends of justice may 1 be promoted by the change” (Code, $ 147, ,¶ 3), was constitutional and valid under the full grant of legislative power to the General Assembly.</p> <p>4. Ibid. — Jury Trial. — The provision, “that the right of trial by jury shall remain inviolate,” is not violated by substituting'one county for another as the place of trial.</p> <p>5. Ibid. — Constitution—Legislative Poweii. — In the light of the prior law as to the extent of the power of the several courts of this State to direct a change of venue, it would seem that the legislature was vested with full power oyer the subject by the Constitution of 1868, wherein the legislature was directed to provide for a codification of the laws of this State, and by the practice of our courts.</p>