Summary
In Deschamps v. R. Co., 83 S.C. 192, 65 S.E. 196, an order of the Circuit Court, affirming an order of the magistrate, granting a new trial, for after discovered evidence was held not appealable. The granting of new trials for after discovered evidence usually involves issues of fact, whether the evidence was newly discovered and whether due diligence was exercised to procure it, and it also rests, in the discretion of the trial Court, and the exercise of that discretion will not be reviewed, unless it was abused, or controlled by error of law.
Summary of this case from Daughty v. Railroad Co.Opinion
7242
July 17, 1909.
Before WILSON, J., Sumter, July, 1908. Affirmed.
Action by L.W. DesChamps against Atlantic Coast Line R.R. From Circuit order, affirming order of magistrate granting new trial, plaintiff appeals.
Mr. L.D. Jennings, for appellant, cites: What must be established to obtain a new trial on after-discovered evidence? 33 S.C. 403; 15 S.C. 540, 16 S.C. 116; 8 Ency. Ev., 996; 15 S.C. 547; 14 Ency. P. P., 824, 796; 29 Cyc., 885, 874; 68 S.C. 476. Knowledge of agent is knowledge of principal: 50 S.C. 290.
Mr. Mark Reynolds, contra, cites: What after-discovered evidence supports new trial: 29 Cyc., 881; 15 S.C. 540; 33 S.C. 403; 16 S.C. 116; 47 S.C. 275; 25 S.C. 174; 16 S.C. 624; 38 S.C. 226.
July 17, 1909. The opinion of the Court was delivered by
This is an appeal from an order of the Circuit Court, affirming an order of the magistrate granting a new trial, on the ground of after-discovered evidence.
The case of Pace Co. v. Ry., in which the opinion was recently filed, infra 33, shows that the order is not appealable.
Appeal dismissed.