Curnow v. Phœnix Insurance

Citations

• 46 S.C. 79
• 24 S.E. 74
• 1896 S.C. LEXIS 41

Syllabus

<p>1. Jury Trial — Challenge.—It is not error in a Circuit Judge to permit a party, in a civil cause, to challenge a juror, after the -jury had been accepted and the pleadings began to be read, even when the juror challenged was one put on the panel in place of one previously challenged.</p> <p>2. Ibid. — Trials.—The conduct of a case in the empanelling of the jury must, of necessity, be left in a great measure to the discretion of the Circuit Judge.</p> <p>3. Waiver — Evidence..—There was in this case some evidence that the defendant had waived his right to require a strict compliance with the “iron safe clause1' in the policy, and the Circuit Judge properly submitted the question of waiver to the jury.</p> <p>4. Charge. — The Circuit Judge was correct in refusing to charge the request of appellant as contained in the fifth exception, because it ignored the question of waiver.</p> <p>5. Pleading — Denial.—A denial by a negative pregnant of a material allegation in the complaint raises no issue, but is an admission of the substantial facts alleged.</p>