McClamroch Marble & Tile Co. v. Bristow
Supreme Court of South Carolina
Before Wilson, J., Marlboro, Spring term, 1912. Action by The McClamroch Marble and Tile Company against Harris Bristow. Plaintiff appeals. 84 S. C. 359; 87 S. C. 559; 83 S. C. 471, 475; 67 S. C. 429; 39 S. C. 413; 81 S. C. 29; 30 S. C. 157; 57 S. C. 3; 78 S. C. 79. 39 S. C. 410; 72 S. C. 222; 67 S. C. 428; 30 S. C. 153; S3 S. C. 475.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
In this action on an account for goods sold, the plaintiff offered the deposition of H. C. Federal taken de bene esse. Counsel objected on the ground that the statute had not been complied with, in that there was no official seal of the notary who took the deposition on the envelope. The Circuit Judge sustained the objection and refused to allow the deposition to be opened; and the plaintiff, having no other testimony, a verdict for the defendant was directed.
The statute requires “every deposition taken under the provision of the two…
2Cases cited3 opinions
- Riser v. Southern Ry.Supreme Court of South Carolina · 1903
- McLaughlin v. BraddySupreme Court of South Carolina · 1902
- Travers v. JenningsSupreme Court of South Carolina · 1893
3Cited by1 opinion
- Caines v. Marion Coca-Cola Bottling Co.Supreme Court of South Carolina · 1941