State ex rel. Detheridge v. Gilreath

Citations

• 16 S.C. 100
• 1881 S.C. LEXIS 136

Syllabus

<p>1. A party may introduce evidence to prove that a fact is not as one of his own witnesses has testified.</p> <p>2. But the court will not grant a new trial, because such evidence wras excluded, if the evidence was immaterial; as, for instance, where its purpose was to show that a sheriff had not proffered to enforce an execution (which it was his clear duty to enforce), provided a bond of indemnity was given.</p> <p>3. Where it does not clearly apirear to which of two matters the language of the charge to the jury is applicable, the language will be referred to that matter which would make the charge correct.</p> <p>4. Whether the plaintiff has proved his case, is to be determined by the jury, not by the judge.</p> <p>5. A general and indefinite exception will not be considered.</p> <p>6. A party is not entitled to recover damages from the sheriff for a failure to enforce his execution, where, three months after its entry, the execution was legally stayed, and the money was received in full during such stay and before the trial, the action having been commenced prior to the pay- ^ ment, but after the stay.</p>