Bunn v. . Todd
Supreme Court of North Carolina
This was a civil ACTION, tried before MacRae, J., at February Term, 1890, of Wake Superior Court. The plaintiff seeks to recover of the estate of the defendant’s intestate the value of her share of the crop belonging to her father, which, she alleges, her grandfather, defendant’s intestate, had received and had agreed to hold in trust for her.
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This was a civil ACTION, tried before MacRae, J., at February Term, 1890, of Wake Superior Court. The plaintiff seeks to recover of the estate of the defendant’s intestate the value of her share of the crop belonging to her father, which, she alleges, her grandfather, defendant’s intestate, had received and had agreed to hold in trust for her. Plaintiff’s mother, who had received the other part of said crop, was offered as a witness to prove the admissions of the deceased as to the receipt of the property by him for and in behalf of the plaintiff. The evidence was ruled out. Plaintiff took a…
1Opinion of the Court
Clabk, J.:
Section 589 of The Code broadly sweeps away the common law incompetency of witnesses on account of interest. Section 590 contains the only restrictions in civil cases (except in the special cases provided for by sections 580 and 588) upon the competency of witnesses. It disqualifies—
Whom — -1. Parlies to the action.
2. Persons interested in the event of the action.
3. Persons through or under whom the persons in the first two classes derive their title or interest.
A witness belonging to one of these three classes is incompetent only in the following cases:
When — To testify in behalf…
2Cases cited3 opinions
- Sumner v. . CandlerSupreme Court of North Carolina · 1885
- Burnett v. . SavageSupreme Court of North Carolina · 1885
- Mull v. . MartinSupreme Court of North Carolina · 1881
3Cited by83 opinions
- In Re HintonSupreme Court of North Carolina · 1920
- Godwin v. Wachovia Bank & Trust CompanySupreme Court of North Carolina · 1963
- Price v. . EdwardsSupreme Court of North Carolina · 1919
- Yow v. Hamilton.Supreme Court of North Carolina · 1904
- In Re Will of ChismanSupreme Court of North Carolina · 1918
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