Walker & Trenholm v. Laney

Citations

• 27 S.C. 150
• 3 S.E. 63
• 1887 S.C. LEXIS 110

Syllabus

<p>1. The judge may state to the jury the testimony of the witnesses, or the substance thereof, but he must not intimate his opinion upon the force and effect of the testimony.</p> <p>2. Where an assignment was denied in the answer but not in testimony, and was proved by the plaintiffs, the Circuit Judge did not err in charging the j ury that there was before them no denial of the assignment.</p> <p>3. An account may be proved not only by the book of original entry, but also by the personal knowledge of a witness or the admissions of the debtor.</p> <p>4. The statute of limitations is properly pleaded only by alleging the facts which would make the statute applicable. Where the pica was “the account is barred by the statute of limitations,” the Circuit Judge did not err in instructing the jury to disregard this defence.</p>