Williams v. Mower

Citations

• 35 S.C. 206
• 14 S.E. 483
• 1892 S.C. LEXIS 145

Syllabus

<p>1. Res Judicata. — Where a matter has been passed upon on Circuit and an exception thereto overruled by the Supreme Court, a succeeding Circuit Judge may properly hold that this matter has been decided by the Supreme Court, and is no longer open for consideration.</p> <p>2. Case Criticised. — It was held in this case on its first appeal (29 S. C., 332), that the sum of $5,000 had been omitted from the inventory of testator's estate, and the only point left open for further, determination on Circuit was whether the plaintiff had wilfully or intentionally concurred in such omission.</p> <p>3. Findings of Pact by the Circuit Judge, based upon, reported testimony in part, and in part on testimony given in his presence, sustained.</p> <p>4. Exception charging error in a matter not ruled upon by the judge, overruled. ,</p> <p>5. Appeal from Probate Court — Res Judicata. — The Circuit Judge properly remanded this case to the Probate Court for final determination, as it had originated in that court, and had been ordered back to that court by a former Circuit decree, which, on appeal, was affirmed in this particular.</p> <p>6. Evidence — The Code, Section 400, does not prohibit the plaintiff from testifying to the fact that he had had conversations with defendant’s intestate as to a certain matter, and when, where, and in whose presence such conversation was had, the statements of witness or of deceased not being disclosed.</p>