47 S.C. 263 | S.C. | 1896
The opinion of the Court was delivered by
This action, for partition of land, came on for trial before his Honor, Judge Ernest Gary, who rendered his decree on the 26th September, 1895. Defendants gave notice of appeal therefrom, but pending said appeal, he made a motion before his Honor, Judge Watts, for a new trial upon after-discovered evidence. This motion was granted by Judge Watts on 31 March, 1896, and from this order the plaintiff now appeals to this Court on twenty grounds. It will be proper that this decretal order of Judge Watts and plaintiff’s exceptions thereto shall be included in the report of this case. The decree of Judge Watts fully states the history of this case, and the same need not be repeated in detail by us. The respondents, in their argument at the bar of this Court, very properly group these twenty exceptions into four propositions.
1. That Judge Watts was without jurisdiction to grant the motion for a new trial. 2. That the alleged evidence for a new trial is immaterial. 3. That due diligence might have led the respondents to have discovered it at or before the first trial. 4. That the Circuit Judge erred in receiving in evidence an ex parte survey and the remarks of the surveyer endorsed on the plat.
The third and fourth divisions under which we proposed to consider the appellant’s exceptions do not present any questions that are not already disposed of under what we have hereinbefore stated.