53 S.C. 198 | S.C. | 1898
The opinion of the Court was delivered by
This action was brought by plaintiff, as administrator of Charles T. Williams, suing for the benefit of the wife and child of his intestate, to recover damages, from the defendant, proportioned to the injury resulting from the death of his intestate, alleged to have been caused by the wrongful act of the defendant. The action was commenced on the 6th of March, 1896, and was tried before his Honor, Judge Buchanan, and a jury, at the April term of the Court of Common Pleas for York County
Inasmuch, therefore, as the Court of Common Pleas for
This being our view, it is not only unnecessary, but would be improper, for us to consider the various questions presented by the exceptions as to alleged errors in the rulings and judgment of the Court.
The judgment of this Court is, that the judgment of the Court of Common Pleas for York County in this case be set aside for want of jurisdiction, without prejudice as to the merits, with leave to either party, if so advised, to have the case transferred to the proper Court for trial.