The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-25
CODE OF PROoEDURE..Continue


out regard to technical errors and de-
fects which do not affect the merits. In
giving Judgment, the court may affirm
or reverse the judgment of the court be-
low, in whole or in part, and rs to any
or nll the parties, and for errors of law
or fact. If the appeal is founded on un
error IN fact III the proceedings, not uf-
fecting the merits of the action, and not
within the knowledge of the Trial JUS
tice, the court may determine the al
legged error i'll fact on affidnvits, and may,
in its discretion, inquire into and de-
termlno the same upon examination of
the witnesses. If tho defendant failed
to appear before the Trial Justice, and
it is shown by the affidavits served bv
the appellant, or otherwise, that mani
fest injustice has been done, and he
satisfactorily excuses his default, the
court may, in its discretion, set aside or
suspend judgment, and order q new
trial before the samo or any other Trial
Justice in the same County, ut such time
and place and on such terms rs the court
may deem proper. Where a new trial
shall be ordered before Trial Justice,
the parties must appear before him &C
cording to the order of the court, and
the same proceedings must thercupon
be had in the action as on the return of
u summons personally served. If the
appeal shall be from a judgment in which
n new trial may be had, rs in this chap
ter provided, the court shall proceed to
the hearing of the cause, if the issue
joined before the Trial Justice was an
issue of law, or to the trial thereof by
Jury, IT such issue was upon question
of fact.
hn @.,> l., ~ n
Justice was an issue of law, the court
shall render judgment thereon according
to the law OF the case; and if such judg-
ment be against the pleadings of either
party, amendment of such pleading NAV
be allowed on the same terms, and in
like case as pleadings in actions in the
Circuit Court, and the court NAV there
upon require the opposite party to an
swer such amended pleading, or join
issue thereon, as the case may require,
summarily.
2. If, upon an appeal in al issue of
law, the court should adjudge the plead
ing complained of to be valid, it shall,
in like manner, require the opposite
party summarily to answer such pleading
or join issue thereon, as the case NAV
require.
3. Upon m issue of fact being SO
Joined. the court shall proceed to hear
the same tried by jury in the same
manner as issues joined in the Circuit
Court.
4. Every issue of facts so joined, or
brought upon on appeal shall be tried
in the same manner rs in actions COM
menced in the Circuit Court.
5. The Court shall have the same
power over its own determinations, and
the verdict of the jury, and shall render
Judgment thereon in the same manner as
the Circuit Court in actions pending
therein, and may allow either party to
amend his pleadings upon such terms as
shall be just in cases where O new trial
may be had, rs in this chapter provided;
and in any such appeal on which n new
trial is to be had, either party may at
any time before trial, serve upon the op-
posite party an offer in writing to allow
judgment to be taken against him for
the sum or property, or to the effect in
such offer specified, and with or without
costs, rs said offer shall specify. If the
party receiving such offer accept the
same and give notice thereof in writing
within ten days, he may file and return
the offer with an affidavit of service of
notice of acceptance thereof, mud tho
Clerk snail tncreupOn enter Judgment
according to said offer. And if the party
making such offer shall have given on
undertaking upon the appeal, the parties
executing such undertaking shall be lia-
BILE thereon for the payment of the judg-
ment entered by virtue of said offer. ii
the notice Of acceptance be not given,
the offer is to be deemed withdrawn and
cannot be given in evidence And, if
the party to whom such offer is made
fail to obtain n judgment more favorable
to him than that specified in said offer,
then he shall not recover costs, but must
pay the other party's costs from the dutc
of the service Of the offer
6. Either party may move for new
trial in said court on case or exception,
or otherwise, and such motion may be
made before or after Judgment hns been
entered; and the provisions of this Act
in relation to the proceedings on recciy-
ing the verdict Of jury. exceptions to
the decisions of the court, making and
settling case and exceptions, motions,
for new trials, and making up tho judg-
ment-roll in the Circuit Court, are here
by made applicable to all appeals brought