Legal Opinion

Commissioners of Forsyth v. Lash

Supreme Court of North Carolina

Decided October 5, 1883PublishedCited by 12 opinions

Civil ACTION commenced in Forsyth and tried at Fall Term, 1883, of Davie Superior Court, before Shipp, J. At June term 1868 of the county court of Forsyth, the justices thereof, among whom was I. G. Lash, the intestate of the defendants, in pursuance of a popular vote of approval, directed one N. S. Cook to subscribe on behalf of the county for one thousand shares of one hundred dollars each in the capital stock of the North Western North Carolina railroad company, and at…

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Civil ACTION commenced in Forsyth and tried at Fall Term, 1883, of Davie Superior Court, before Shipp, J. At June term 1868 of the county court of Forsyth, the justices thereof, among whom was I. G. Lash, the intestate of the defendants, in pursuance of a popular vote of approval, directed one N. S. Cook to subscribe on behalf of the county for one thousand shares of one hundred dollars each in the capital stock of the North Western North Carolina railroad company, and at the same time elected the intestate financial agent of the county in regard to such subscription. In connection with these…

1Opinion of the Court

Smith, C. J.,

after stating the above. Exception 1. The plaintiffs introduced as a witness before the jury A. E. Conrad, chairman of the board of comity commissioners, a plaintiff in the action, when objection ivas made by the defendants to his competency, for the reason that lie is a party plaintiff — was such when the suit begun; and is a tax payer, owning taxable property in the county of Forsyth; and further, that he cannot testify to any transaction which took place between the intestate and himself.

The objection being overruled, in answer to the question, “"With whom did you transact…

2Cases cited4 opinions

  1. Wynne v. . PrairieSupreme Court of North Carolina · 1882
  2. Kivett v. . MasseySupreme Court of North Carolina · 1869
  3. Carrier v. JonesSupreme Court of North Carolina · 1873
  4. Lewis v. . McDowellSupreme Court of North Carolina · 1883

3Cited by12 opinions

  1. Jones v. . CallSupreme Court of North Carolina · 1885
  2. Howland v. City of AshevilleSupreme Court of North Carolina · 1917
  3. Patterson v. . LillySupreme Court of North Carolina · 1884
  4. Sorrell v. . SorrellSupreme Court of North Carolina · 1930
  5. Gooch v. Weldon Bank & Trust Co.Supreme Court of North Carolina · 1918

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