Gadsden v. Sands & Co.
Supreme Court of South Carolina
Before Whaeey, J., County Court, Richland, August, 1920. Action by Daniel Gadsden against Sands & Co. Judgment for plaintiff, and defendant appeals. cite: Right to open and close in argument is material, and if improperly exercise'd, is reversible error: 5 S. C. 267; 35 S. C. 167; 2 Bay. 451; Rule 59 Circuit Courts.
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Before Whaeey, J., County Court, Richland, August, 1920. Action by Daniel Gadsden against Sands & Co. Judgment for plaintiff, and defendant appeals. cite: Right to open and close in argument is material, and if improperly exercise'd, is reversible error: 5 S. C. 267; 35 S. C. 167; 2 Bay. 451; Rule 59 Circuit Courts. Rule applicable in all cases: 17 S. C. 484; 43 S. C. 547; 5 S. C. 418. Governed by same mies as govern opening and closing of evidence: 38 Cyc. 1300; 2 R. C. L. 409; 70 Pac. 503; 28 Am. St. Rep. 582 (Wis.); Abbott’s Trial Brief 107; 25 N. W..360 (Neb.). cite: Rule 5P gives right…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This is an. appeal from a ruling made by his Honor, County Judge Whaley, and is a question simply of procedure. Upon the hearing of the case, plaintiff’s counsel declined to open his argument, and defendant’s counsel requested his Honor to instruct plaintiff’s counsel to do so. His Honor declined to do so, and exception was noted and appeal taken, and the error alleged is that this instruction should have been given. The exception is overruled. Defendant did not by answer admit the allegations of the complaint so as to become actor,…
2Cited by11 opinions
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- State v. MarinCourt of Appeals of South Carolina · 2013
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