Cothran v. Knight

Citations

• 45 S.C. 1
• 22 S.E. 596
• 1895 S.C. LEXIS 5

Syllabus

<p>1. Evidence. — The opinion of plaintiff in replevin, as to the amount of his damage by reason of the detention of the property, is inadmissible, where he is not interrogated as to the facts upon which he bases it, although they can be reproduced and made palpable in the concrete to the jury.</p> <p>2. Proof of Bond. — The bond of defendant in replevin for the return of property may be proved by one who, though not a subscribing witness, saw the same executed and delivered; especially where it is only offered to prove an admission by defendant that he had taken the property, and that it was taken from him under claim and delivery proceedings, and that upon executing the bond, return or possession of the same was demanded.</p> <p>3. Exceptions taken by respondent upon the trial will not be considered by this Court without the usual notice in writing to the other side, that he intends to ask this Court to sustain the judgment below on other grounds than those on which it was placed by the trial judge.</p>