Knox v. Knox

Citations

• 30 S.C. 377
• 9 S.E. 353
• 1889 S.C. LEXIS 116

Syllabus

<p>1. In action by payee against maker of a sealed note, the complaint alleged that after the execution of this note, the payee was adjudged a lunatic; and her committee was made a party defendant. Plaintiff proved his note and closed. Defendants then, in support of the allegations of their answer, introduced the record of the proceedings adjudging the payee to be a lunatic, in which the finding was that she had been a lunatic for thirty years. Held, that evidence by plaintiff to'prove the sanity of the payee at the date of the note was relevant in reply.</p> <p>2. This court cannot declare error in the trial judge’s refusal to charge, when the “Case” fails to show that he was ever requested so to charge</p>