Murdock v. Courtenay Mfg. Co.

Citations

• 52 S.C. 428

Syllabus

<p>1. Evidence — Hearsay.—A receipted bill for cement is mere hearsay as between a contractor and contractee as to the amount of cement actually furnished the former.</p> <p>2. Ibid. — A witness cannot testify as to the production of a cotton mill per day, when his information is derived from the books of the company, and employees of the mill.</p> <p>3. Ibid. — Elaintiff was not permitted to testify as to work done under written contract, including plans and specifications, without producing them.</p> <p>4. Ibid, — Hearsay.—Instructions by contractor to contractee 'about work in progress in the form of statements by another in interest, is not hearsay.</p> <p>5. New Trial — Waiver.—The right to move a Circuit Judge for a new trial under an order extending time for service of case and exceptions for new trial in Circuit Court, under Code, 287, is waived by appeal from judgment entered on verdict before time for service expires.</p> <p>6. Ibid. — It is unnecessary here to undertake to reconcile Code, 287, and C. C. Rule 47, as to motions for new trials in Circuit Court.</p> <p>7. Rehearing refused.</p>