Opinion
June 22, 1901.
Action for perpetual injunction against trespass by Sydney T. Donaldson against Mitchell Nesbit et al. heard on Circuit with preceding case of Alston v. Limehouse. From order of Judge Gary, made November 19, 1900, therein set out, defendants appeal.
Messrs. Smythe, Lee Frost and Walter Hazard, for appellants, refer to arguments used in preceding case.
Messrs. Bryan Bryan, contra, cite: Defendants are not entitled to trial by jury: Code, 274; 53 S.C. 130; 54 S.C. 430; 53 S.C. 139; 29 S.C. 447; 28 S.C. 530; 31 S.C. 262; 44 S.C. 364. This order is not appealable: 29 S.C. 26; 33 S.C. 387; 52 S.C. 461.
June 22, 1901. The opinion of the Court was delivered by
The facts of this case are similar to those in the case of Charles Pringle Alston et. al., plaintiffs, respondents, v. J.F. Limehouse et. al., defendants, appellants, in which the opinion has just been filed; and as the principles therein stated are applicable to this case, it is only necessary to announce the judgment of this Court, which is that the order of the Circuit Court be reversed.