Supreme Court of South Carolina, 1906

Bell v. Western Union Tel. Co.

Supreme Court of South Carolina · Decided January 30, 1906 · Gary

53 S.E. 177; 73 S.C. 208; 1906 S.C. LEXIS 166 (South Eastern Reporter)

Counsel

Messrs. Finley Jennings , for appellant. Mr. Jennings cites: It is abuse of discretion to do a thing according to custom not sanctioned by law: 50 S.C. 403 ; 42 S.C. 209 ; 48 S.C. 5 ; 53 S.C. 580 . Motion for leave to answer could not be renewed and heard at chambers: 14 S.C. 330 ; Code. 1902, 2736. Messrs. Geo. H. Ferrons, Evans Finley and T.F. McDow , contra. Mr. Evans cites: Appeal is premature: Code of Proc., 11; 42 S.C. 547 ; 52 S.C. 587 . This motion .

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This is an appeal from1 an order granting the defendant further time within which to answer the complaint:

The record fails to disclose any facts even tending to show an abuse of discretion on the part of his Honor, the presiding Judge. Therefore, the order is not appealable. McDaniel v. Addison, 53 S. C., 222, 31 S. E., 226.

Appeal dismissed.

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