Supreme Court of South Carolina, 1915

Town of Denmark v. Corley

Supreme Court of South Carolina · Decided April 9, 1915 · Gary

84 S.E. 884; 100 S.C. 433; 1915 S.C. LEXIS 58 (South Eastern Reporter)

Counsel

Mr. J. Wesley Crum, Jr. , for appellant, cites: As to grant of new trial on grounds not raised by exceptions: Code Civil Proc., sec. 397; 34 S.C. 162 . Mr. James E. Davis , for respondent.

Opinion of the Court

The opinion of the Court was delivered by

Mr. Chiee Justice Gary.

The defendant was tried by a jury before the town council of the town of Denmark for storing liquor unlawfully and appealed to the Circuit Court, which granted him a new *435 trial, whereupon the town council appealed from the order of the Circuit Court, which will be reported.

Two of the grounds upon which the new trial was granted involve questions of law which are untenable, and, if nothing further appeared, this Court would render judgment absolute. There is, however, a third ground upon which the new trial was granted, to wit, that the defendant did not have a fair trial. The record shows that the facts were involved in this ruling and prevents this Court from rendering judgment absolute. Daughty v. N. W. Ry. Co., 92 S. C. 361, 75 S. E. 553.

Appeal dismissed.

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