McSween v. McCown

Citations

• 21 S.C. 371
• 1884 S.C. LEXIS 108

Syllabus

<p>1. The right given to parties by section 2210 of the general statutes to examine witnesses before the clerk of court does not limit the power of the Circuit judge to order a reference to take testimony.</p> <p>2. A reference to take testimony which is to be reported to the court is not a reference for trial, and therefore is not governed by section 293 of the code.</p> <p>3. In equity causes it is within the judge’s discretion to require the testimony to be taken by a referee and reported to the court.</p> <p>4. It may be better in some cases to have the testimony given orally before the judge, but the mode of taking evidence in equity causes is a matter to be determined by the presiding judge.</p>