Reports of Cases Heard and Determined by the Supreme Court of South Carolina (Volume 15). South Carolina Supreme Court
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Author: South Carolina Supreme Court
Page Count: 230 pages
Published Date: 06 Feb 2012
Publisher: General Books
Publication Country: Miami Fl, United States
Language: English
Format: eBook
ISBN: 9781235739149
File size: 36 Mb
Download Link: Reports of Cases Heard and Determined by the Supreme Court of South Carolina (Volume 15)
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882. Excerpt: ... I Statement of the Case. state, and must, therefore, adhere to the rule of the common law. We think, therefore, that the Circuit judge erred in permitting witnesses who had been convicted of petit larceny to testify in this case, and that the appellant, against whom alone these witnesses testified, is entitled to a new trial. The judgment of this court is, that the judgment of the Circuit Court be reversed as to the appellant, Richard James, and that the case be remanded to that court for a new trial as to the said Richard James. Simpson, C. J., and Mcgowan, A. J., concurred. CASE No. 1039. CALDWELL v. LITTLE. 1. A, B and C were executors of an estate X, which was alleged to be indebted to an estate Y, of which A and B became administrators. Action was brought in the Court of Probate by a distributee of the estate Y against A and B, as administrators, calling upon them to account for their administration of that estate. There being no allegation or proof that A and B, as executors, had received any portion of the estate X, and they having denied any receipts of the estate Y--Held, that constructive payment by operation of law had not been established. 2. The executor, C, could be no proper party to a proceeding instituted by a distributee of the estate Y, except upon allegations which would make a case not covered by the terms "matters testamentary and of administration," and, therefore, a case beyond the jurisdiction of the Court of Probate. Before Kershaw, J., Laurens, September, 1880. Hon. T. B. Fraser, judge of the Third Circuit, sat in this court on the hearing of this cause, in the place of Chief Justice Simpson, who had been of counsel in the court below. Action by Nancy A. Caldwell against John W. Little and L. R. November Term, 1880. Brooks, as a...
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