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BELGER ET AL. v. CALDWELL ET AL.

17311

231 S.C. 335 (1957)

98 S.E.2d 758

MRS. DELL BELGER and JOE DRAWDY, as Administrators of the Estate of Gus Drawdy, Respondents, v. THOMAS H. CALDWELL and THOMAS SMITH, Appellants.

Supreme Court of South Carolina.

June 13, 1957.

Attorney(s) appearing for the Case

Messrs. Rosen & Horger, of Orangeburg, and W.L. Rhodes, Jr., of Hampton, for Appellant.

Messrs. Randolph Murdaugh, Clyde A. Eltzroth and J. Robert Peters, Jr., of Hampton, for Respondents.

June 13, 1957.

TAYLOR, Justice.

The sole question in this appeal is whether or not the Circuit Judge erred in refusing appellant Caldwell's motion for a change of venue from Hampton County to Colleton County, the County of his residence, it being contended that the defendant, Thomas Smith, a resident of Hampton County, is not a real party in interest but was so named in order to lay venue in the County of Hampton.

The complaint sets forth, in part...

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