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3 S.C.L. 300

Spann v. Golden

Supreme Court of South Carolina

Decided November 15, 1803

Supreme Court of South Carolina · decided 1803-11-15

Action of assumpsit, tried before Brevard, J. in Sumter district Plaintiff had obtained an order for judgment, and upon the execution of his writ of inquiry, was allowed by the court to give a promissory note, a copy of which was filed with the declaration, in evidence, without any proof of the hand writing of the maker, or of the subscribing witness.

Decided 1803-11-15

By the court.

¶1The practice has ahvaj's been to require the same proof of notes upon the execution of writs of inquiry, as upon the trial of issues. This practice may have originated in some good cause; and ought not to be altered without necessity, or pome very cogent reasons,

¶2New trial granted.

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