23 S.C. 601 | S.C. | 1885
Opinion by Mr.
1. That the judge erred in granting a non-suit; for while
2. That judgment for plaintiff on the pleadings could not be directed, as his case rested on allegations of agency which were denied in the answer.
3. It is well settled in this State that the time when testimony may be introduced must be left to the discretion of the Circuit Judge, to be governed by the particular circumstances of each case, and that in some instances the courts have permitted a plaintiff to introduce other evidence even after a motion for a non-suit has been made and argued.
Judgment reversed.