PROCTOR v. CORLEY

18404

246 S.C. 478 (1965)

144 S.E.2d 285

Francis PROCTOR, Respondent, v. J.W. CORLEY, d/b/a J.W. Corley's Garage, Appellant.

Supreme Court of South Carolina.

October 4, 1965.


Attorney(s) appearing for the Case

Messrs. Nelson, Mullins, Grier & Scarborough, of Columbia, for Appellant.

Messrs. Smith & Rawl and Lever & Shealy, of Lexington, for Respondent.

Messrs. Nelson, Mullins, Grier & Scarborough, of Columbia, for Appellant, in Reply.


October 4, 1965.

BRAILSFORD, Justice.

In this action for personal injuries, the defendant applied for and obtained an order of the clerk of court, pursuant to Section 26-701, Code of Laws 1962, requiring a named physician, who inferentially, had treated plaintiff for his injuries, to appear before the clerk and be examined as a witness before trial. The plaintiff moved before the circuit court for the dismissal of the clerk's order upon the following grounds...

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