Bryson v. Railway Co.

14 S.E. 630, 35 S.C. 608, 1892 S.C. LEXIS 159

Opinion

Opinion by

Mr. Justice Pope,

This was an appeal from an order overruling an oral demurrer to a complaint which contained the same allegations as the complaint in Nance v. Georgia &c. Railway Company, ante 307, and the decision in this case simply referred to that as its decision here. Appellant further contended that his motion for non-suit should have been granted. It seems that after verdict for plaintiff, the presiding judge (Hudson) set aside the verdict and ordered a new trial. This court held, under the authority of Agnew v. Adams, 24 S. C., 86, that there could be no appeal from the refusal to grant a non-suit, as there was no final judgment. Judgment affirmed.