Massey v. Wallace

Citations

• 32 S.C. 149
• 10 S.E. 937
• 1890 S.C. LEXIS 28

Syllabus

<p>1. No error can be assigned to the failure of the trial judge to charge what was not requested.</p> <p>2. Under the bastardy act of 1795 (Gen. Stat., $ 1785), a man having a wife or children, is forbidden from giving to his paramour or bastard children, one or all, more than one-fourth of his clear estate, whether by will, deed, note, or by any other ways or means whatsoever.</p> <p>3. In action on a sealed note, the defences were, (1) that the consideration of the note was future cohabitation, and (2) that the note was also void under the bastardy act. The clear estate of the obligor was more than four times the amount of the note. The trial judge charged as to the meaning and effect of the bastardy act. hut afterwards withdrew from their consideration all questions under the bastardy act, and confined them to a consideration of the issue raised by the first defence. Held, that the jury must have based their verdict for defendant wholly upon the first defence.</p> <p>4. The trial judge may state the testimony to the jury, withholding the expression of his opinion as to the truth of the facts.</p>