Frank v. Humphreys

Citations

• 24 S.C. 325
• 1886 S.C. LEXIS 42

Syllabus

<p>1. A reference to the jury of all the issues in a chancery cause cannot he declared error, where it was done without objection, and where none of the exceptions raises this question.</p> <p>2. The Circuit Judge committed no error in correcting counsel’s statement to the jury of the evidence, and in directing the jury to he governed by his notes of testimony as read to them.</p> <p>3. In the trial by a jury of an issue ordered out of chancery, involving the validity of a composition made with creditors, the Circuit Judge charged the jury that “if defendant innocently omitted to mention the insurance money or to include it in his statement of assets, it was no fraud,” Held, that as this issue was to inform the judge’s conscience, and as he himself found that this money was not properly a part of the debtor’s assets applicable to the claims of his creditors, his chai’ge, if erroneous, was not material.</p> <p>4. An issue of fraudulent misrepresentation is a question of fact, and the verdict of a jury thereon, approved by the Circuit Judge, not disturbed, the weight of testimony not being opposed to their findings.</p> <p>5. Error in the admission of testimony, not affecting the result, no ground for new trial in this case.</p>