Woody v. Dean

Citations

• 24 S.C. 499
• 1886 S.C. LEXIS 71

Syllabus

<p>1. An exception to the admission of a judgment roll in evidence does not raise any question as to whether the judgment so introduced was valid and legal.</p> <p>2. The purchaser at sheriff’s sale, under whom defendant claimed, having testified that she had made a search for the sheriff’s deed and could not find it, her testimony as to her purchase, her compliance, and her receipt of a deed from the sheriff, though secondary, was admissible.</p> <p>3. The judge having admitted in the reply by plaintiff testimony which he ruled to be strictly in reply, but afterwards ruled to be new matter, he did not err in permitting defendant to offer evidence in rebuttal thereof. In such cases much must be left to the discretion of the presiding judge.</p> <p>4. A rule of court having forbidden an entry of judgment before the adjournment of court, the Circuit Judge did not err in instructing the jury that a judgment entered on the day that court convened, might, in the absence of all testimony, raise a presumption that the court had on the same day adjourned, as it ivas the duty of the clerk not to enter judgments of the term before an adjournment.</p> <p>5. An erroneous instruction to the jury which could have made no possible difference in their verdict, is not ground for a now trial.</p> <p>6. A judge should not express to the jury his opinion of what has been proved, and what has not; but in stating the law he must necessarily say something about the testimony. As to any disputed matter of fact in issue between the parties, while he may state the evidence, yet he is not permitted to give his opinion as to its force and effect, or make remarks tending to influence the jury as to their finding. Pie may state the case alternatively, but he must not take the testimony from the j ury.</p> <p>7. In an action to recover land held by defendant under a sheriff’s deed, the plaintiff cannot object to defendant’s title upon the ground that the purchase money was not paid in full to the