Cantey v. Whitaker

Citations

• 17 S.C. 527
• 1882 S.C. LEXIS 94

Syllabus

<p>1. The Circuit Judge, who has large discretiou iu the direction of a trial, committed no error in receiving further testimony after the case was closed and partly argued, especially as the omission to offer such testimony at the proper time was the result of a misapprehension.</p> <p>'3. In action for the recovery of land brought by a remote alienee of one deceased, the defendant is not prohibited by the letter of the proviso to section 415 from testifying to communications and transactions between herself and the deceased as to the land in question ; and she is, therefore, a competent witness.</p>