If the appeal is founded on an error in fact in the proceedings, not affecting the merits of the action and not within the knowledge of the magistrate, the court may determine the alleged error in fact on affidavits and may, in its discretion, inquire into and determine the alleged error upon examination of the witnesses. Every issue of fact so joined or brought upon an appeal shall be tried in the manner provided in Section 18-7-130.
HISTORY: 1962 Code Section 7-318; 1952 Code Section 7-318; 1942 Code Section 804; 1932 Code Section 804; Civ. P. '22 Section 669; Civ. P. '12 Section 407; Civ. P. '02 Section 368; 1870 (14) 383; 1873 (15) 502.
Structure South Carolina Code of Laws
Chapter 7 - Appeals To Circuit And County Courts In Other Cases
Section 18-7-10. Appeals from inferior courts; supersedeas.
Section 18-7-20. When and how appeal shall be taken.
Section 18-7-30. Contents of notice of appeal.
Section 18-7-60. Return; when and how made.
Section 18-7-70. Return; how made if magistrate is out of office.
Section 18-7-80. Return; further return when original is defective.
Section 18-7-90. Return; effect of dead, insane, or absent magistrate.
Section 18-7-100. Offer to allow revision of judgment of magistrate.
Section 18-7-110. Offer to allow judgment on appeal.
Section 18-7-130. Hearing of appeal.
Section 18-7-140. Powers of appellate court; amendment of pleadings.
Section 18-7-150. New trial below when defendant did not appear.
Section 18-7-160. Motions for new trial in appellate court; other procedural rules.
Section 18-7-170. Judgment on appeal.
Section 18-7-180. Judgment on appeal; appeals on errors in fact.
Section 18-7-190. Judgment on appeal; appeals on issue of law.
Section 18-7-200. Procedure upon reversal of judgment already paid.
Section 18-7-210. Judgment roll.
Section 18-7-220. Costs on appeal.
Section 18-7-230. Effect of failure to state error in judgment below on award of costs.
Section 18-7-240. Costs when appellant gains less than ten dollars by appeal.
Section 18-7-250. Effect of rejection of offer under Section 18-7-100 on award of costs.
Section 18-7-260. Effect of rejection of offer under Section 18-7-110 on award of costs.
Section 18-7-270. When award of costs is in discretion of court.
Section 18-7-280. Award of costs when appeal is dismissed for want of prosecution.
Section 18-7-290. Award of costs to appellant shall include costs below.