Broom v. Helms

Supreme Court of South Carolina

Broom v. Helms

65 S.E. 602, 83 S.C. 447, 1909 S.C. LEXIS 176

CourtSupreme Court of South Carolina

DecidedSeptember 27, 1909

Docket7292

StatusPublished

Cited by1 cases

This text of 65 S.E. 602 (Broom v. Helms) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Broom v. Helms, 65 S.E. 602, 83 S.C. 447, 1909 S.C. LEXIS 176 (S.C. 1909).

Pincite

Opinion

The opinion of the Court was delivered by

Mr. Chi®? Justice Jones.

This is an appeal from an order of nonsuit in an action for partition of real estate, wherein an issue of title was raised by defendant’s answer, and the trial was had before a jury.

This being an action in equity, the authorities in this State are numerous to the effect that nonsuit is improper. Woolfolk v. Manf'g Co., 22 S. C., 332; McClenaghan v. McEachern, 47 S. C., 446, 25 S. E., 296; Barnes v. Rodgers, 54 S. C., 115, 31 S. E., 885; Gilreath v. Furman, 57 S. C., 289, 35 S. E., 516; Railway v. Beaudrot, 63 S. C., 266, 41 S. E., 299; Garner v. Garner, 72 S. C., 439, 51 S. E., 194.

In this situation it would be improper to consider the correctness of the grounds for the motion.

The order of nonsuit is reversed and the cause remanded for further proceedings.

Mr. Justice Hydrick disqualified.

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