Shiver v. Johnson

Decided May 15, 1810

Supreme Court of South Carolina · decided 1810-05-15

Motion to set aside a decree on' summary process, and enter up judgment of nonsuit. The decree ,was given by Smith, J., in Sumter district, on a promissory noté’ of hand. Plaintiff proved the handwriting of the subscribing witness, and that he was absent from the state ; but gave no evidence to- prove the signature of the defendant, the maker of the note, which, signature was a marie in place of the maker’s name.

Decided 1810-05-15

Per curiam.

¶1The question arises on 'the construction of the act of assembly, 1802, which requires proof of the signature of the party to be charged.- The signature of'a marksman may be proved bj the peculiarity of his mark,, or his acknowledgment, if the witness, whose name is subscribed to the note, does not attend ; .and proof of the handwriting of such witness is not sufficient, if he be within the State. But if the subscribing witness be not within the State, proof of Ms handwriting is sufficient, from the necessity of the case.

¶2Motion rejected.