Supreme Court of South Carolina, 1929

Brown v. Hooks

Supreme Court of South Carolina · Decided April 4, 1929 · Cothran, Watts, Messrs, Brease, Stabrer, Carter

147 S.E. 926; 150 S.C. 241; 1929 S.C. LEXIS 133 (South Eastern Reporter)

Counsel

Messrs. Herndon Thompson , for appellant, cite: Reference proper here: 132 S.C. 415; 133 S.C. 149 . Order refusing a reference where proper deprives party of trial to which entitled: 108 S.C. 206 ; 133 S.C. 149 ; 43 S.C. 187 ; 61 S.C. 4; 99 S.C. 480; 132 S.C. 414. Compulsory reference should be granted: Sec. 593, Code Proc. Open account: 133 S.C. 471. Circuit order based on erroneous conclusion of law: 108 S.C. 206 ; 132 S.C. 415. Mr. R.T. Jaynes , for respondent, cites: Right of trial by jury: 17 S.C. 538 ; Ar. 1, Sec. 25, Const. As to order of reference: 141 S.C. 142; 140 S.C. 103; 130 S.C. 130; 132 S.C. 410 ; 134 S.C. 71 ; 134 S.C. 207 ; 136 S.C. 327 ; 133 S.C. 149 ; Sec. 593, Code Proc.

Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Watts.

This action was commenced on the 21st day of November. 1927. Upon the call of the calendar at the March term, 1928, Court of Common Pleas for Oconee County, S. C., a motion was made by defendant-appellant to refer the issues to the master. The motion was refused, and the defendant brings this appeal from the order denying the motion to refer. Notice of intention to- appeal was given in due time.

The question involved is: Did the Circuit Judge err in refusing to refer the issues to the master? The exceptions are overruled under the recent case decided by this Court of Sloan v. Burnett (S. C.), 146 S. E., 601, and authorities therein cited.

Judgment affirmed.

Messrs. Justices Brease, Stabrer, and Carter concur.

Concurring Opinion

*243 Mr. Justice Cothran

(concurring) : I concur, upon the authority of the cases cited by counsel for respondent, which, with the Circuit Judge’s order, will be reported.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.