
    8222
    REYNOLDS v. DEATON.
    Magistrate Court—New Trial.—No appeal lies from, an order of the Circuit Court granting a new trial on an appeal to that Court from magistrate court, when both questions of law and fact are involved.
    Before Gary, J., Cherokee, November, 1911.
    Affirmed.
    Action by C. H. Reynolds against Eum Deaton in court' of Magistrate Wm. Phillips. From Circuit order granting new trial, plaintiff appeals.
    
      
      Messrs. Butler & Hall, for 'appellants,
    cite: Statutory mode of arbitration is cumulative to common law mode: 3 Cyc. 586, 800; 58 S. C. 399; 78 S- C. 313; 63 S. C. 106; 70 S. C. 549'; 36 S. C. 80; 78 S. C. 303.
    
      Messrs. Oits & Dobson, contra,
    cite: Form of requirements of arbitration: 30 S. C. 518; 3 Cyc. 604, 635, 698; 3 Ency. 733; 1 McM. 303. Fstray statutes must be strictly construed: 3 Cyc. 363-4, 366. Lien is not divested until charges are paid: 3 Cyc. 363.
    May 30, 1912.
   Tbe opinion of tine Court was delivered! by

Mr. Justice Hydrick.

No appeal lies from an order of the Circuit Court granting- a new trial on, an appeal -to that Court from the court of magistrate, when both questions of law and fact are involved, and! this Court cannot, therefore, render judgment absolute upon the right of the appellant. McKnight v. Dyson, infra 337, and cases cited.

Appeal dismissed.  