Blalock v. Whisnant

Two questions arise on this appeal:

1. Did the court err in excluding as evidence the testimony of Mark Squires, now deceased, given in former hearing in this action before judge of Superior Court when considering motion for judgment by default and inquiry?

2. Is the evidence of plaintiffs sufficient to take the case to the jury.

Both questions must be answered in the affirmative.

1. The ruling of the court in excluding the testimony of Mark Squires, since deceased, appears to be based on insufficiency of proof of the record in which it is incorporated, rather than its incompetency. The question…