Tillis v. Calvine Cotton Mills, Inc.

This proceeding to examine the plaintiff before trial was under the procedure prescribed by Chapter 760, Session Laws of 1931, now codified as G.S. 1-568.1 through 1-568.27. This Act repealed the former statutes dealing with examination of parties before trial (G.S. 1-568 through 1-576).

The statute directs that a party may be examined adversely for the purpose of obtaining evidence to be used at the trial, G.S. 1-568.3 (2) ; and where the pleadings have been filed on both sides, an examination may be had as “a matter of right.” G.S. 1-568.9 (c)., Here the pleadings are in on both sides. The…