Morgan v. Scruggs

Supreme Court of South Carolina
Morgan v. Scruggs, 14 S.C. 630 (S.C. 1881)
1881 S.C. LEXIS 46
McIyer

Morgan v. Scruggs

Opinion of the Court

Action at common law; complaint dismissed by the Circuit judge,, because it appeared, to his satisfaction, “ that the plaintiff herein is not the real owner of the notes sued on.” The case was not tried by a jury, but by consent was referred to the master to hear and determine. The master set forth the facts as to the ownership, and as a conclusion of law- found that plaintiff was the real owner. On appeal — Held, that the judgment of the Circuit Court was a finding of fact which could not be reviewed here; and that under the terms of the .order, this court could not conjecture that it was based upon a proposition of law, and enter upon an inquiry as to the correctness of such legal proposition. Appeal dismissed. Opinion by

McIyer, A. J.,

Reference

Status
Published