Susan v. Wells

5 S.C.L. 11

Opinion

Grimke, J.,

delivered the opinion of the court. The plaintiff’s own witness proved her to be a slave. The evidence was not pertinent to the issue. Nevertheless it proved the disqualification of the party to sue, and the court was bound to notice it, as in the case of Ennas v. Franklin, where the plaintiff appeared to be an alien from his own shewing, although alienage was not pleaded. *

Motion rejected.