JONES v. COTTON MILLS, 83 S.C. 565 (1909)

65 S.E. 819

JONES v. WOODSIDE COTTON MILLS.

7322Supreme Court of South Carolina.
October 19, 1909.

Before DeVORE, J., Greenville, December, 1908. Affirmed.

Action by R.H. Jones against Woodside Cotton Mills, in magistrate’s court. From Circuit order, setting aside judgment of magistrate, plaintiff appeals.

Mr. J.R. Martin, for appellant, cites: Was question of magistrate’s charge on facts before Circuit Court? 358, Code of Proc.; 25 S.C. 381; 22 S.E., 767; 38 S.E., 226; 13 S.E., 332. Charge upon undisputed facts: 81 S.C. 5, 161; 25 S.E., 806; 68 S.C. 392; 73 S.C. 233. Hypothetical statement in charge: 25 S.E., 808.

Mr. B.A. Morgan, contra, cites: A magistrate is a Judge under Con., art. V, sec. 26: 58 S.C. 94.

October 19, 1909. The opinion of the Court was delivered by

MR. CHIEF JUSTICE JONES.

This appeal is from an order of the Circuit Court remanding the case to the magistrate for a new trial.

As this is not a case in which judgment absolute could be rendered by this Court, an appeal from an order granting a new trial will not be entertained. Lampley v. Atlantic Coast Line Ry., 77 S.C. 319, 57 S.E., 1104; Pace Co. v Atlantic Coast Line Ry., 83 S.C. 33; DesChamps v Atlantic Coast Line Ry, 83 S.C. 192; Dixon v. Seaboard A.L. Ry., 83 S.C. 393.

The appeal is, therefore, dismissed.

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