Pooler v. Smith
Supreme Court of South Carolina
Before Aldrich, J., Darlington, December, 1904. Action by James Pooler et~al. against Phyllis Smith. From judgment for defendant, plaintiffs appeal on following exceptions: “1. His Honor erred in admitting, over plaintiffs’ objection, upon cross-examination of the witness Pooler, evidence of cohabitation and general repute of the defendant and the intestate Edwin Ervin, (a) Because it was collateral testimony, and not responsive to anything drawn out in chief examination,…
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Before Aldrich, J., Darlington, December, 1904. Action by James Pooler et~al. against Phyllis Smith. From judgment for defendant, plaintiffs appeal on following exceptions: “1. His Honor erred in admitting, over plaintiffs’ objection, upon cross-examination of the witness Pooler, evidence of cohabitation and general repute of the defendant and the intestate Edwin Ervin, (a) Because it was collateral testimony, and not responsive to anything drawn out in chief examination, (b) Because it was irrelevant and incompetent as proof of marriage between Edwin Ervin and Phyllis Smith. “2. His Honor…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action for partition of land. The complaint alleges that Edwin Ervin died intestate seized and possessed of the land therein described and leaving as his heirs at law his brothers and sisters described in the complaint; that the defendant Phyllis Smith is in the unlawful possession of said land and claims the same under a pretended marriage with intestate. The defendant denied the material allegations of the complaint. The jury rendered a verdict in favor of the defendant. The plaintiff appealed upon exceptions which will be…
2Cited by4 opinions
- Young v. McNeillSupreme Court of South Carolina · 1907
- State v. NelsonSupreme Court of South Carolina · 1940
- Plunkett v. Clearwater Bleachery & Mfg. Co.Supreme Court of South Carolina · 1908
- Plunkett v. Clearwater Bleachery & Mfg. Co.Supreme Court of South Carolina · 1908