Jeffords v. Muldrow
Supreme Court of South Carolina
Before Prince, J., Florence, Spring term, 1915. Action by S. E. Jeffords, as administrator of the estate of Mrs. E. R. Gee, against J. F. Muldrow. Judgment for plaintiff, and defendant appeals. cite: Code Civ. Proc., sec, 438; 11 S., C. 549; 26 S. C. 160; 38 S. C. 166. cite: Code Civ. Proc., 438; 11 S. C. 549.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
This is an action on a promissory note, alleged to have been made by the defendant, in favor of plaintiffs intestate. The defendant, who is engaged in merchandising, set up a counterclaim for goods sold and delivered, by him to the intestate. Plis Honor, the presiding Judge, ruled that section 438 of the Code of Civil Procedure rendered the defendant incompetent as a witness to prove that the items ■ in his books of original entry were made by him, on the ground that such testimony related to a transaction between him and a…
2Cases cited9 opinions
- Brown v. BrownTennessee Supreme Court · 1849
- Sullivan v. LatimerSupreme Court of South Carolina · 1893
- Trimmier v. ThomsonSupreme Court of South Carolina · 1894
- Foggette v. GaffneySupreme Court of South Carolina · 1890
- Dyson v. JonesSupreme Court of South Carolina · 1903
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3Cited by4 opinions
- Lisenby v. NewsomSupreme Court of South Carolina · 1959
- In Re Rosengren's EstateSouth Dakota Supreme Court · 1938
- Johnson v. BroomeSupreme Court of South Carolina · 1935
- Hicks v. BatteySupreme Court of South Carolina · 1972