Sorrell v. . McGhee
Supreme Court of North Carolina
Appeal by plaintiff from Allen, J., at May Term, 1919, of Wake. This is an action to recover $84.66 alleged to be due by account for goods sold and delivered, commenced before a justice of the peace, and heard on appeal in the Superior Court.
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Appeal by plaintiff from Allen, J., at May Term, 1919, of Wake. This is an action to recover $84.66 alleged to be due by account for goods sold and delivered, commenced before a justice of the peace, and heard on appeal in the Superior Court. The plaintiff introduced evidence showing that he was a farmer and also had a gin and store, and he produced upon the trial his account book or ledger in which he kept the account against the intestate of the defendants in his own handwriting. This book was excluded upon the trial. There are several exceptions to the exclusion of evidence which will be…
1Opinion of the CourtAlleN, J.
In Bunn v. Todd, 107 N. C., 266, the present Chief Justice gives an accurate and valuable analysis of section 1631 of the Re-visal, as follows:
It disqualifies — Whom:
1. Parties to the action.
2. Persons interested in the event of the action.
3. Persons through or under whom the persons in the first two classes derive their title or interest.
A witness belonging to one of these three classes is incompetent only in the following cases:
When. — To testify in behalf of himself, or the person succeeding to his title or interest, against the representative of a deceased person or committee of a…
2Cases cited3 opinions
- Bunn v. . ToddSupreme Court of North Carolina · 1890
- Seals v. SealsSupreme Court of North Carolina · 1914
- Isler v. . ColgroveSupreme Court of North Carolina · 1876
3Cited by9 opinions
- Sanderson v. PaulSupreme Court of North Carolina · 1952
- Sherrill v. . WilhelmSupreme Court of North Carolina · 1921
- Seals v. . SealsSupreme Court of North Carolina · 1914
- Burns v. McElroyCourt of Appeals of North Carolina · 1982
- Sanderson v. PaulSupreme Court of North Carolina · 1952
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