Ivy v. Clawson

Citations

• 14 S.C. 267
• 1880 S.C. LEXIS 124

Syllabus

<p>1. Testimony taken by plaintiff before the clerk under the act of 1872, (15 Slat. 41,) under an order made at chambers before suit commenced, is inadmissible upon the trial of the cause, although the original defendant, since deceased, had notice of the application for the order, 'and was present at the examination, and cross-examined the witness.</p> <p>2. The Circuit judge may decree contrary to the findings'of a jury upon an issue of fact submitted to them in a suit in equity.</p> <p>3. The findings of fact by a Circuit judge, reversing the verdict of a jury on an issue ordered out of chancery, sustained by this court.</p>