78 S.E. 540 | S.C. | 1913
June 6, 1913. The opinion of the Court was delivered by This is an appeal from an order of Judge Ernest Gary, setting aside the service of a summons on the defendant. The defendant was and is a nonresident of this State, and came into this State for the sole purpose of attending a trial in the United States Court, as a party and witness. The summons was served in the Federal Court, while his case was on trial and a witness was on the stand.
The appellant frankly admitted, unless this Court would overrule the case of Breon v. Miller Lumber Company,
The judgment of the Circuit Court is affirmed.