Haydock Carriage Co. v. Zeigler

Citations

• 88 S.C. 168

Syllabus

<p>1. Pleadings — Admissions.—The allegation that a discharged debtor at the request of his surety had compromised the liability of his surety is not denied by the answer and need not therefore be proved, but if proof was necessary the evidence shows the payment was made as agreed.</p> <p>2. Witness — Reference—Evidence.—After reference, tailing testimony and report of evidence to Court, the Court may examine a witness not examined by the referee in open Court. The excuse for failure to examine the witness in this case was the physical condition of the attorney in charge while the case was under reference.</p>