Legal Opinion

Perry v. . Fleming

Supreme Court of North Carolina

Decided January 5, 1816PublishedCited by 1 opinion

1Opinion of the Court

No argument was made in the case. We understand the principle of evidence to be well established that the interest to disqualify a witness must exist at the time of trial; so that if, before then, the witness either (345) removes the interest or does all that can reasonably be expected from him to remove it, his competency is restored. The interest of the witness may arise from his being answerable to one of the parties, or that party to him, in the event of the cause being unsuccessful, or that party to him, in the event of the cause being unsuccessful. A release from the party in the first…

2Cases cited3 opinions

  1. Mobley v. . GriffinSupreme Court of North Carolina · 1889
  2. Logan v. . SimmonsSupreme Court of North Carolina · 1834
  3. Torrence v. . GrahamSupreme Court of North Carolina · 1835

3Cited by1 opinion

  1. King's Executors v. Bryant's ExecutorsSuperior Court of North Carolina · 1806

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