Mills v. Atlantic Coast Line R. R.

Supreme Court of South Carolina

Mills v. Atlantic Coast Line R. R.

63 S.E. 308, 82 S.C. 126, 1909 S.C. LEXIS 6

CourtSupreme Court of South Carolina

DecidedJanuary 8, 1909

Docket7091

StatusPublished

Cited by3 cases

This text of 63 S.E. 308 (Mills v. Atlantic Coast Line R. R.) 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

Mills v. Atlantic Coast Line R. R., 63 S.E. 308, 82 S.C. 126, 1909 S.C. LEXIS 6 (S.C. 1909).

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Opinion

Order by

ChiEE Justice.

Under the case of the State v. Lee, 80 S. C., 367, recently decided by this Court en banc, the Circuit Court has jurisdiction to entertain a motion for a new trial on the ground of after-discovered evidence, notwithstanding the pendency of an appeal in this Court, and the proper practice is to make such motion in that Court.

*127 This Court is, however, not precluded from hearing the appeal now pending, and will do so unless there is other ground for continuance.

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Order by

ChiEE Justice.

Under the case of the State v. Lee, 80 S. C., 367, recently decided by this Court en banc, the Circuit Court has jurisdiction to entertain a motion for a new trial on the ground of after-discovered evidence, notwithstanding the pendency of an appeal in this Court, and the proper practice is to make such motion in that Court.

*127 This Court is, however, not precluded from hearing the appeal now pending, and will do so unless there is other ground for continuance.

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Bluebook (online)

63 S.E. 308, 82 S.C. 126, 1909 S.C. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mills-v-atlantic-coast-line-r-r-sc-1909.

Opinion

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