Eaker v. Floyd

Decided May 6, 1914

Supreme Court of South Carolina · decided 1914-05-06

Before Frank 'B. Gary, J., Appeal from order of Circuit Court made on appeal from a magistrate’s Court, in action brought by G. W. Eaker against W. M.. Floyd. The Circuit Court granted a new trial before another magistrate. .

Relies on Daughty v. Northwestern Railroad · Miller v. Atlantic Coast Line R. R. · Kirkland v. Augusta-Aiken Railway & Electric Corp.

Decided 1914-05-06

¶1 The opinion of the Court was delivered by

Mr. Justice Hydrick.

¶2 This is an appeal from an order of the Circuit Court granting a new trial in a case removed into that Court by appeal from a magistrate’s Court. 'It does not appear that the decision was influenced by any error of law, or that this Court could render judgment absolute upon the right of the appellant, if it should determine that no error was committed in granting the new trial. The order is, therefore, not appealable. Daughty v. Railroad Co., 92 S. C. 361, 75 S. E. 553; Kirkland v. Railway, 93 S. C. 574, 77 S. E. 709; Miller v. Railroad Co., 95 S. C. 471, 79 S. E. 645.

¶3 Appeal dismissed.

Mr. Justice Gage did not sit in this case.