Ijames v. . McClamroch
Supreme Court of North Carolina
This was A civil action- begun before a justice of the peace and brought by appeal of defendants to the Superior Court, and tried before MacBae, Judge, at the Fall Term, 1884, of Davie Superior Court. The pleadings before the justice were oral. The plaintiff sued upon a bond, and the defendants pleaded payment and set off. In the Superior Court the pleadings were reduced to writing.
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This was A civil action- begun before a justice of the peace and brought by appeal of defendants to the Superior Court, and tried before MacBae, Judge, at the Fall Term, 1884, of Davie Superior Court. The pleadings before the justice were oral. The plaintiff sued upon a bond, and the defendants pleaded payment and set off. In the Superior Court the pleadings were reduced to writing. The plaintiff complained of the non-payment of a bond executed to him by the defendants, and the defendants pleaded payment of the bond, and a counter-claim, founded upon the alleged indebtedness of the plaintiff…
1Opinion of the CourtAshe, J.
(after stating the facts). There were only two exceptions taken in the course of the trial, which are presented by the appeal for our review:
1st. To the ruling of His Honor in excluding the evidence proposed to be introduced by the defendants in reference to the conversation Avith the plaintiff in regard to the amount of the money due on the bond, which he would need in settling the debts of his intestate’s estate.
There is no possible view in which the evidence could haAm been admissible. It was no evidence of a payment or release, or in any sense a discharge of the obligation- — and if…
2Cases cited1 opinion
- Boyett v. . VaughanSupreme Court of North Carolina · 1881
3Cited by16 opinions
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- Sewing Machine Co. v. . BurgerSupreme Court of North Carolina · 1921
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