English v. English

Supreme Court of South Carolina

English v. English

13 S.C.L. 238

Supreme Court of South Carolina·Decided November 15, 1822·Published

Opinion

Mr. Justice Richardson

delivered the opinion of the court:

No witness residing in the state could be examined de bene esse by the common law, and we have no statute au-i [239]*239thorizing such an examination of a witness residing within forty miles, merely because he is President of a Branch Bank.

The motion is therefore granted.

Justices Huger, Nott, Colcock and Johnson, concurred.

■, for the motion.

•, contra.

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Mr. Justice Richardson

delivered the opinion of the court:

No witness residing in the state could be examined de bene esse by the common law, and we have no statute au-i [239]*239thorizing such an examination of a witness residing within forty miles, merely because he is President of a Branch Bank.

The motion is therefore granted.

Justices Huger, Nott, Colcock and Johnson, concurred.

■, for the motion.

•, contra.

English v. English, 13 S.C.L. 238 (S.C. 1822).

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