Martin v. Jennings

Citations

• 52 S.C. 371
• 29 S.E. 807
• 1898 S.C. LEXIS 82

Syllabus

<p>1. New Promise. — A letter written after'suit brought cannot be used to prove an alleged new promise to pay the debt sued on.</p> <p>2. Appeae. — Testimony cannot be sustained on a ground presented to this Court and not to Court below.</p> <p>3. Evidence — Transactions With Decedent. — An heir at law, codefendant with an administrator, in a suit on debt of intestate, may testify as to conversations between her and the deceased, and as to contents of letter from plaintiff to deceased.</p> <p>4. Discretion — Appeae—Evidence.—Much must be left to the discretion of the trial Judge as to the relevancy of testimony, and his conclusions thereon is not reversible error, unless it appear that the party complaining has sustained injury by an abuse of discretion. .</p> <p>5. Repey — Transactions with Decedent. — Plaintiff allowed full opportunity to reply to testimony as to communications with deceaesd.</p> <p>6. Charge — Appeae.—An inaccurate statement by Judge in his charge, as to issues raised by pleadings, is not reversible error.</p> <p>7. Husband and Wife — Gift—Presumption—Juries.—Whether the wife intended the rents and profits of her lands as a gift to the husband, by her acts in permitting him to collect and retain them without accounting, is a question for the jury, and not a presumption of law.</p> <p>8. New Triads. — A Judge only commits error of law in refusing to set aside a verdict, when there is no evidence to support it.</p>