Legal Opinion

Satterwhite v. . Hicks

Supreme Court of North Carolina

Decided December 5, 1852PublishedCited by 9 opinions

This ivas an action of detinue for two slaves, tried before his Honor, Judge Dick, on the last Circuit at Granville. Joseph Sattenvhite, the brother-in-law of the plaintiff, conveyed the slaves to him for the alleged price of $1200. This deed was attested by Thomas Sattenvhite, another brother-in-law.

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This ivas an action of detinue for two slaves, tried before his Honor, Judge Dick, on the last Circuit at Granville. Joseph Sattenvhite, the brother-in-law of the plaintiff, conveyed the slaves to him for the alleged price of $1200. This deed was attested by Thomas Sattenvhite, another brother-in-law. The plaintiff proved by the attesting witness, that he was sent for to the house of the plaintiff, where he found Joseph, who said that lie was smartly indebted to John, and was about to sell him the two negroes in dispute. After the deed was executed, it was proposed by the plaintiff to Joseph…

1Opinion of the CourtNah, C. J.

The first objection raised in the plaintiff’s bill of exceptions is to the reception of the ante-declarations of Joseph Sattenvhite. His Honor committed no error in this particular. It is a general principle in the law of evidence, that any fact to be proved against a party ought to be proved in his presence, by the testimony of witnesses duly sworn or qualified to tell the truth. Hearsay, therefore, is not admitted in our Courts of Justice, because it is but a statement which a witness gives, of what he professes to have heard a third person say. This rule is as old as the common law. To it,…

2Cited by9 opinions

  1. Yarborough v. Hughes.Supreme Court of North Carolina · 1905
  2. State v. . KluttzSupreme Court of North Carolina · 1934
  3. Cathey v. ShopeSupreme Court of North Carolina · 1953
  4. Insurance Company v. . R. R.Supreme Court of North Carolina · 1928
  5. Chandler v. . MarshallSupreme Court of North Carolina · 1925

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