Willoughby v. Northeastern Railroad

Citations

• 46 S.C. 317
• 24 S.E. 308
• 1896 S.C. LEXIS 65

Syllabus

<p>1. Venue — Rev. Stat., 2246 — Code, 147. — A motion to change the place of trial, because a fair and impartial trial cannot be liad in the county in which the action is pending, cannot be heard on Circuit on less than twenty days notice — construing Rev. Stat., 2246, Code, 147, sub. 2.</p> <p>2. Venue — Motion—Code, 147 — Case Eollow.ed. — A motion to change the place of trial “when the convenience of witnesses and the ends of justice will be promoted by the change,” may be heard on four days notice. Code, 147, subs. 1 and 3, construed. Utsey v. R. R., 38 S. C., 399, followed.</p> <p>3. Venue — Motion for change of venue may be made at any time while case is pending.</p> <p>4. Motion — Circuit Judge exercised a legal discretion in granting the motion in this case.</p> <p>5. Mr. Chief Justice MoIver, dissenting.</p>