Mills v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Mills v. Atlantic Coast Line R. R., 63 S.E. 308 (S.C. 1909)
82 S.C. 126; 1909 S.C. LEXIS 6
ORDER BY CHIEF JUSTICE.
Mills v. Atlantic Coast Line R. R.
Opinion of the Court
Order by
Under the case of the State v. Lee, 80 S. C., 367, recently decided by this Court en banc, the Circuit Court has jurisdiction to entertain a motion for a new trial on the ground of after-discovered evidence, notwithstanding the pendency of an appeal in this Court, and the proper practice is to make such motion in that Court.
*127 This Court is, however, not precluded from hearing the appeal now pending, and will do so unless there is other ground for continuance.
Reference
- Full Case Name
- Mills v. Atlantic Coast Line R. R. Co.
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- New Triad — Jurisdiction.—The Circuit Court has jurisdiction of a motion for a new trial on after-discovered evidence, notwithstanding the pendency of an appeal in this Court.