Murphy v. Ray
Supreme Court of North Carolina
Civil aotioN, upon a bond for maintenance, tried before Bux-ton, J., at Spring Term, 1875, CumberlaND SuperiorCourt. The following is substantially the statement of the case sent up to this Court as a part of the record: The action was originally instituted in the name of Elizabeth Murphy as plaintiff, against the present defendant, who is the administrator de bonis non of Daniel B. Murphy.
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Civil aotioN, upon a bond for maintenance, tried before Bux-ton, J., at Spring Term, 1875, CumberlaND SuperiorCourt. The following is substantially the statement of the case sent up to this Court as a part of the record: The action was originally instituted in the name of Elizabeth Murphy as plaintiff, against the present defendant, who is the administrator de bonis non of Daniel B. Murphy. By leave of the Court, the summons and the pleadings were amended so as to make Grizzella A. Murphy, assignee of Elizabeth Murphy, party plaintift, instead of Elizabeth Murphy, it appearing to the Court…
1Opinion of the CourtByNum, J.
This case is here by appeal from the rulings of his Honor, in the Court below, on questions of evidence.
1. Evidence had been given by the defendant that when Elizabeth Murphy, the deceased, assignor of the plaintiff, moved to her house, she brought with her a bag of gold and silver. To contradict this, the plaintiff was introduced in her own behalf and allowed to testify that Elizabeth did not bring any bag of gold or other coin, when she moved to her house. The defendant objected to this testimony on the ground that it was excluded by C. C. P., sec. 343. It is unnecessary to say how it would…
2Cited by8 opinions
- McCanless v. ReynoldsSupreme Court of North Carolina · 1876
- Gidney v. . MooreSupreme Court of North Carolina · 1882
- Knight v. . KillebrewSupreme Court of North Carolina · 1882
- Burnett v. . SavageSupreme Court of North Carolina · 1885
- Hawkins v. . CarpenterSupreme Court of North Carolina · 1881
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