Jeter v. Askew

Citations

• 29 S.C.L. 633

Syllabus

<p>1. Where, on the trial of an action of slander, the plaintiff waived his ob. jections to the declarations of a person who was not produced, brought out by the defendant in the examination of plaintiff’s witness by way of mitigating damages, the declarations being unfavorable to plaintiff’s character, and made before the actionable words were spoken, the plaintiff in reply may produce proof as to the declarations of the same person made at any time, Even conceding the declarations brought out by defendant to have been in* admissible, it did not affect plaintiff’s right in reply', The fact that the wit* ness was present in Court whose declarations were received, did not affect the question. The admissibility of hearsay evidence is not controlled by the presence or absence of a witness within the process and jurisdiction of the Court,</p> <p>2. If one offers the declarations of a witness instead of producing him, proof of other declarations of the same witness may be offered by the other party, either by cross examination or by witnesses,</p>