Deas v. Marigault

12 S.C.L. 391
CourtSupreme Court of South Carolina
DecidedMay 15, 1821
StatusPublished

This text of 12 S.C.L. 391 (Deas v. Marigault) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Deas v. Marigault, 12 S.C.L. 391 (S.C. 1821).

Opinion

Mr. Justice Richardson

delivered the opinion of the court.

• In each of these cases, the plea was non est factum, and. in each case, the hand-writing of the obligor, and that of the assignor also, was proved without opposition s though [392]*392not by the subscribing witness.. This substitution of .one witness for another is, in conformity to the act of 1802, which, according to an early adjudication, and the uniform' practice since,'permits any competent witness, who can, to' prove the hand-writing of an obligor in the place of the subscribing witness, unless the plea of the defendant be vd rifled by his oath.

Simons and Waring, for the motion. Charles Fraser, contra,

The motion is therefore dismissed in both cases!

Justices Colcock, Nott, and. Gantt, concurred,

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Bluebook (online)
12 S.C.L. 391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deas-v-marigault-sc-1821.