Evans v. Bruce

Supreme Court of South Carolina

Evans v. Bruce

138 S.E.2d 643, 245 S.C. 42

CourtSupreme Court of South Carolina

DecidedOctober 28, 1964

Docket18267

StatusPublished

Cited by11 cases

This text of 138 S.E.2d 643 (Evans v. Bruce) 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

Evans v. Bruce, 138 S.E.2d 643, 245 S.C. 42 (S.C. 1964).

Pincite

Opinion

Per Curiam.

This is an appeal by the plaintiff from an order of the lower court sustaining a demurrer to the complaint. The Transcript of Record contains no exception to the order from which the appeal is taken, as required by Rule 4, Sections 1 and 6, of the Rules of this Court, and the appeal must be dismissed on that ground. Appeals are brought before this Court on exceptions which must raise the issues to be decided. In the absence of any exception, as here, there is nothing before us to decide.

The brief of respondent was directed solely to the contention that the appeal should be dismissed upon the ground that the record contained no exceptions on which the appeal could be based. After the filing of respondent’s brief, appellant for the first time prepared exceptions to the order of the lower court, and has moved that they be allowed as a part of the record on appeal. We find nothing in the record before us to excuse the failure of appellant to file the necessary exceptions, or to warrant any indulgence by the Court. The motion is accordingly denied.

See: Pudigon v. Goblet, 24 S. C. 476.

Appeal dismissed.

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Per Curiam.

This is an appeal by the plaintiff from an order of the lower court sustaining a demurrer to the complaint. The Transcript of Record contains no exception to the order from which the appeal is taken, as required by Rule 4, Sections 1 and 6, of the Rules of this Court, and the appeal must be dismissed on that ground. Appeals are brought before this Court on exceptions which must raise the issues to be decided. In the absence of any exception, as here, there is nothing before us to decide.

The brief of respondent was directed solely to the contention that the appeal should be dismissed upon the ground that the record contained no exceptions on which the appeal could be based. After the filing of respondent’s brief, appellant for the first time prepared exceptions to the order of the lower court, and has moved that they be allowed as a part of the record on appeal. We find nothing in the record before us to excuse the failure of appellant to file the necessary exceptions, or to warrant any indulgence by the Court. The motion is accordingly denied.

See: Pudigon v. Goblet, 24 S. C. 476.

Appeal dismissed.

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Bluebook (online)

138 S.E.2d 643, 245 S.C. 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-bruce-sc-1964.

Opinion

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