Wilson v. Township of York

Citations

• 43 S.C. 299
• 21 S.E. 82
• 1895 S.C. LEXIS 158

Syllabus

<p>1. Jury Trial — Legal Issues. — An action by attorneys to recover an unliquidated demand for fees for services rendered is an action at law triable by jury, no matter how great the inconveniences of such a mode of trial; and the right to a trial by jury of this issue, in the first instance, is not affected by the demand of the complaint, that a fund in the hands of one of the defendants should be subject to the payment of these fees.1</p> <p>2. Ibid. — Testimony Taken by Referee. — Where a case is triable by jury, the witnesses must be examined in the presence of the jury, except in the special cases provided for by statute, and this right is violated when the testimony is taken by a referee without consent, reported to the court, and read to the jury.</p> <p>3. Ibid. — Reversal of Prior Order. — An order of a Circuit Judge, based upon the pleadings, directing a trial by jury, is, in the absence of further developments, binding upon the succeeding judge.</p>