State Ex Rel. Peoples v. Maxwell
Supreme Court of North Carolina
Debt, tried before Logan, J., at Eall Term 1870, of MECKLENBURG Court. The action was upon the official bond of the intestate, as constable, for failing to pay oyer money collected for the plaintiff, &c. Upon the trial, the relator was introduced to prove the execution of the receipt in question, by the intestate.
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Debt, tried before Logan, J., at Eall Term 1870, of MECKLENBURG Court. The action was upon the official bond of the intestate, as constable, for failing to pay oyer money collected for the plaintiff, &c. Upon the trial, the relator was introduced to prove the execution of the receipt in question, by the intestate. He was objected to by the defendants as incompetent, but, being admitted by his Honor, testified, — “ that he knew the hand-writing of the deceased, and that the signature in question was his, — that he saw the deceased sign the paper, &c., also, that he had a conversation with the…
1Opinion of the CourtBodjviaN, J.
The relator was introduced as a witness on his own behalf, to prove the signature of the deceased constable to a memorandum, or receipt, for the claim in respect to which the breach was assigned. The Judge admitted him to prove “any acts of the deceased, which it would be competent to prove by any other witness, but not to prove the declarations of the deceased to him, nor any acts of the deceased between himself and the deceased alone.” The relator then testified that the deceased signed the receipt for the claims; he also testified that, in conversation with the defendant, J. J. Maxwell,…
2Cited by17 opinions
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- Johnson v. Cameron.Supreme Court of North Carolina · 1904
- Brown v. . AdamsSupreme Court of North Carolina · 1917
- In Re Will of MannSupreme Court of North Carolina · 1926
- Johnson v. BeeWest Virginia Supreme Court · 1919
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