DeLoach v. Sarratt

Citations

• 55 S.C. 254
• 35 S.E. 441
• 1899 S.C. LEXIS 142

Syllabus

<p>1. Rule to Show Cause — Survival of Action — Continuance of Action Against Heir at Law — Practice.—When a defendant dies after answering, the plaintiff, if the cause of action survive, may continue-his action against defendant’s heirs at law or devisees,'by serving within one year upon them a rule to show cause why the action should not be so continued, and such rule may be obtained upon ex parte motion and affidavit.</p> <p>2. Service — Student.—An Heir at Law of a deceased defendant, who is a resident of this State, but who is temporarily absent out of the State at school, is properly served with a rule to show cause why action should not be continued against him, by personal service at school, and by mail, and service by publication is not necessary.</p> <p>3. Discretion — Issues out of Chancery. — It is within discretion of Circuit Judge on motion, under Code, 274a, to order issues out of chancery.</p> <p>4. Evidence — Tax Returns. — Secondary Evidence of the contents of returns for taxation should not be admitted where it appears that the originals are in a heap of old papers in the auditor’s office, and might be found in two weeks’ search, when only four or five hours’ search has been made.</p> <p>5. Ibid. — Ibid.—Letter..—Error to receive evidence as to contents of a letter without proof of loss of original.</p> <p>6. Ibid. — Witness.—Examination of — Fraud.—In issues of fraud it is competent to examine party charged: (1) as to his financial condition; (2) as to his making tax returns; (3) and to put hypothetical questions as to returns; and (4) as to his crops and disposition of them.</p> <p>7. Husband and Wife. — Finding of Fact that title to wife’s land was in husband from partition proceedings, from husband’s returning it in his own name, and his selling part of it, reversed.</p> <p>8. Ibid. — Auditor’s Books. — A Finding of Fact that a husband transferred his lands to his wife in his tax returns, cannot be based alone on auditor’s books.</p> <p>9. Ibi