Jones v. Harris
Court of Appeals of South Carolina
Tried before Mr. Justice Butler, at Edgefield, Fall Term, 1846. This was an appeal from a decree of the Ordinary, upon the question, Devisavit vel non. Henry C. Turner was one of the subscribing witnesses to the will of Moses Harris, bearing date 21st August, 1840. When he was called on the stand on the part of the Executor, D. Harris, his competency as a witness was objected to, on the ground that he had been convicted of an infamous offence.
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Tried before Mr. Justice Butler, at Edgefield, Fall Term, 1846. This was an appeal from a decree of the Ordinary, upon the question, Devisavit vel non. Henry C. Turner was one of the subscribing witnesses to the will of Moses Harris, bearing date 21st August, 1840. When he was called on the stand on the part of the Executor, D. Harris, his competency as a witness was objected to, on the ground that he had been convicted of an infamous offence. In support of this objection, an exemplification of a record from the Circuit Court of the United States, for the district of Georgia, was produced, by…
1Opinion of the Court
WitheRs J.
delivered the opinion of the Court.
This case arose upon an appeal from the decree of the Ordi*162nary concerning the will of Moses Harris, and turns upon the question of the competency of two of the attesting witnesses to the paper propounded as such will, who were assailed as incompetent or incredible attesting witnesses. The first, (to wit, Henry C. Turner,) was alleged to be incompetent, because he had been convicted, in the Circuit Court of the United States sitting in Savannah, upon an indictment which, in one count, charged him, being a carrier of the mail, with having unlawfully…
2Cases cited1 opinion
- Hoffman v. CosterSupreme Court of Pennsylvania · 1837
3Cited by2 opinions
- State v. MerrimanCourt of Appeals of South Carolina · 1985
- State v. MerrimanCourt of Appeals of South Carolina · 1985