Lott v. Southern Railway Co.

Supreme Court of South Carolina July 15, 1914

Lott v. Southern Railway Co., 82 S.E. 795 (S.C. 1914)

98 S.C. 170; 1914 S.C. LEXIS 67

Fraser, Gage

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Fraser.

This action was brought before a magistrate for ten dollars damages to a suit case, and fifty dollars, penalty under the statute for nonpayment. The magistrate gave judgment for the amount of the claim and the penalty. Upon appeal, the case was heard by Judge Gag-e. He was not satisfied with the proof as to the damages and granted a new trial. From this order this appeal is taken.

*171 The amount of actual damages' has not been determined. This Court can not give judgment absolute and the order is not appealable.

Appeal dismissed.

Mr. Justice; Gage; did not sit in this case.

Reference

Status: Published
Syllabus: Appeal and Error. Orders Appealable. New Trials. An order of the Circuit Court granting a new trial, in a case removed into that Court by appeal from a magistrate’s Court, is not appeal-able, where the amount of damages has not been determined and the Supreme Court could not render judgment absolute if it should determine that no error was committed in granting the new trial. (See Baker v. Floyd, 97 S. C. 381, 81 S. E. 656.)