Brown v. Hooks

Supreme Court of South Carolina

Decided April 4, 1929

Supreme Court of South Carolina · decided 1929-04-04

Decided 1929-04-04

*243 Mr. Justice Cothran

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

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Case posture

Posture: Before HENRY, J., Oconee, March, 1928. Affirmed.Action by Arthur Brown against A.V. Hooks. Motion for order of reference refused. Defendant appeals. The order of the Circuit Judge, and the cases cited by respondent, directed to be reported, follow: The following is copy of order denying motion to refer, omitting caption: On Monday, the first day of the March term, 1928, of the Court of Common Pleas for Oconee County, S.C. motion was made by defendant's attorneys to refer the issues in this action to the master, upon the ground that the accounting was long and so complicated that it would be impracticable for an ordinary jury to comprehend and decide the issues correctly. On the hearing, it was admitted that, in compliance with notice to serve an itemized statement of account, plaintiff served an itemized statement, consisting of five typewritten pages. The defendant claimed there were 122 items of the account which are contested; the plaintiff admits that there are 98 contested items. The plaintiff contended that he could explain the 98 items to the jury; the defendant contended that it was impossible for the jury to make up the account between the parties. Under the view I take of the law, this case does not fall under either the classification of an equitable action, or of equitable issues in an action at law, but is purely an action at law, and under the law I have no power to order the case to be referred. On motion by R.T. Jaynes, attorney for plaintiff, it is ordered that the motion to refer the issues to the master for Oconee County be, and the same is hereby, overruled and denied. [Signed] J.K. Henry, Presiding Judge. Cases cited by respondent: Smith v. Bryce , 17 S.C. 538 ; Georgian Co. v. Britton , 141 S.C. 142, 139 S.E., 218; Newell Contracting Co. v. Blankenship , 130 S.C. 140, 125 S.E., 423; Moody v. Dudley Lumber Co. , 136 S.C. 327 , 134 S.E., 369 .

Source: CourtListener

Court

Supreme Court of South Carolina

Parallel citations

147 S.E 926