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245 S.C. 42

138 S.E.2d 643

Evans v. Bruce

Supreme Court of South Carolina

Decided October 28, 1964

Supreme Court of South Carolina · decided 1964-10-28

Relies on Pudigon v. Goblet

Good law ✅— No negative treatment on recordhow we know

Decided 1964-10-28

How this case has been cited

Cited by 10 later decisions — most recently March 1991

10 state decisions

501964197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1 This is an appeal by the plaintiff from an order of the lower court sustaining a demurrer to the complaint. The Transcript of Record contains no exception to the order from which the appeal is taken, as required by Rule 4, Sections 1 and 6, of the Rules of this Court, and the appeal must be dismissed on that ground. Appeals are brought before this Court on exceptions which must raise the issues to be decided. In the absence of any exception, as here, there is nothing before us to decide.

¶2 The brief of respondent was directed solely to the contention that the appeal should be dismissed upon the ground that the record contained no exceptions on which the appeal could be based. After the filing of respondent’s brief, appellant for the first time prepared exceptions to the order of the lower court, and has moved that they be allowed as a part of the record on appeal. We find nothing in the record before us to excuse the failure of appellant to file the necessary exceptions, or to warrant any indulgence by the Court. The motion is accordingly denied.

¶3 See: Pudigon v. Goblet, 24 S. C. 476.

¶4 Appeal dismissed.

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