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ROMANUS v. BIGGS ET AL.

16360

217 S.C. 77 (1950)

59 S.E.2d 645

ROMANUS v. BIGGS ET AL.

Supreme Court of South Carolina.

May 23, 1950.

Attorney(s) appearing for the Case

Messrs. Samuel Want, Sam Rogol and Leroy M. Want, all of Darlington, for Appellants.

Messrs. E.L. Gavin, of Sanford, N.C., and McEachin & Townsend, of Florence, for Respondent.

The following is the order of Circuit Judge Lewis:

The plaintiff has moved before me for a voluntary nonsuit without prejudice. The defendants oppose the motion upon the ground that they have substantial rights which have accrued and an injustice will be done to them by permitting the discontinuance of the action.

The motion is addressed to the discretion of the Court. Parnell v. Powell, 191 S.C. 159, 3 S.E.2d 801.

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