Miller v. Goodwin

Supreme Court of South Carolina January 21, 1919

Miller v. Goodwin, 98 S.E. 129 (S.C. 1919)

111 S.C. 333; 1919 S.C. LEXIS 22

Watts

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

*334 1, 2 *333 This is an appeal from an order of his Honor, Judge Townsend, resident Judge of the Fifth Circuit, referring *334 the cause to the master made in term time while a‘ presiding Judge was holding the Court of the Fifth Circuit. Notice having been given that application would be made to the presiding Judge for an order of reference, but this notice was withdrawn,' and notice given that application would be made to the resident Judge. The appeal raises the question whether the resident Circuit Judge at chambers has jurisdiction to grant after notice an order of reference to take testimony after notice of application for a similar order has been made that application would be made to the presiding Judge holding Court in the same county. There is no merit in the' appeal. An order of this kind can be made either by the presiding or resident Judge after proper notice. No substantial rights of the appellants have been violated, and the order appealed from is not appealable.

Judgment affirmed.

Reference

Full Case Name: Miller v. Goodwin Et Al.
Cited By: 1 case
Status: Published
Syllabus: 1. Refereitce — Proceedings — Right to Make. — A resident Judge in chambers may refer cause to master for taking of testimony during term time after proper notice, notwithstanding that notice of application for reference had been made to presiding Judge in same county. 2. Appear and Error — Orders Appealable. — An order of reference to master for taking of testimony by resident Judge in chambers during term time and after proper notice, not affecting substantial rights, is not appealable.