MILLS v. RAILROAD CO

ORDER BY CHIEF JUSTICE.

Under the case of the State v. Lee, 80 S.C. 367, recently decided by this Court en banc, the Circuit Court has jurisdiction to entertain a motion for a new trial on the ground of after-discovered evidence, notwithstanding the pendency of an appeal in this Court, and the proper practice is to make such motion in that Court.

This Court is, however, not precluded from hearing the appeal now pending, and will do so unless there is other ground for continuance.