Dobson v. Cothran

Citations

• 34 S.C. 518
• 13 S.E. 679
• 1891 S.C. LEXIS 74

Syllabus

<p>1. Abduction — Evidence of Character. — -In action to recover damages for the abduction of plaintiff’s female child and causing her to be debauched, allegations that plaintiff and such child and other members of his family were of dissolute character, would not seem to be sufficient, if true, to operate as a bar to the action, but may be proved, under the general denial, as bearing upqn the truth of the charge and in mitigation of damages.</p> <p>2. Evidence of Age. — Testimony by a father and mother of the age of their child is the best evidence of that fact. Entries of birth in the family Bible are only secondary evidence.</p> <p>3. Evidence — Relevancy—Immaterial Error.- — Plaintiff was asked what his child said to him when he found her in defendant’s bawdy house. On objection, this question was ruled out, but the child herself was permitted, when on the stand, to testify as to what she then said, and other witnesses, in contradiction, also testified to the same matter. Held, that there was no ground to sustain this exception, as the question was properly ruled out, and as the matter was fully testified to by other witnesses.</p> <p>4. Evidence — Relevancy.—This child was asked whether she had not told her father when she was discovered, that she would not leave the bawdy-house until she was paid what she had made there. Held, that there was no error in excluding this question, as it was irrelevant to the issues, and as she was then intoxicated and excited, and had testified that she had no recollection of seeing her father on that occasion.</p> <p>5. Evidence. — Evidence of what this child had declared to be her father’s motive in instituting this action was incompetent.</p> <p>6. An Exception based upon an occurrence during the trial which the Case does not so disclose, cannot be sustained.</p> <p>7. Evidence — Conduct of Trial. — A refusal by the trial judge to permit further testimony during the progress of the argument, is not appealable.</p> <p>8. Genera