Sims v. Jones

Citations

• 43 S.C. 91
• 20 S.E. 905
• 1895 S.C. LEXIS 134

Syllabus

<p>1. Indifferent Jurors. — Where it appears to a trial judge from a voir dire examination that a juror is, or is not, indifferent in the cause, and he rules accordingly, this court will not interfere.</p> <p>2. Evidence — -Collateral Papers. — -A writing is admissible in evidence to prove its existence only where it relates to a collateral circumstance, and an inference to the party arises out of the fact of its execution and existence, and not out of its particular contents.</p> <p>3. Cross-Examination — Documents—Harmless Error. — It is defendant’s right to prove written documents on the cross-examination of plaintiff’s witnesses, and to introduce them as soon as proved, and it was error to exclude them at that stage, but it was harmless, and, therefore, not reversible, error, where defendant introduced them afterwards as a part of the testimony for the defence, excepting one which was ruled out as irrelevant and no exception taken. Mr. Chief Justice MoIver dissenting.</p> <p>4. Evidence — -Compromise.—-There was no reversible error in permitting plaintiff to testify as to a suggestion of compromise made to him by a third person, where there was no testimony to show that such person had any authority from defendant to make any such offer, and where the statements of such persons were ruled out. Mr. Chief Justice McIver dissenting.</p> <p>5. Exceptions are faulty where they fail to specify the errors complained of.</p> <p>6. Evidence in Reply. — What testimony is admissible on the reply is largely in the discretion of the trial judge, and his rulings will not be disturbed where no abuse of discretion is shown.</p>