Vann v. . Lawrence
Supreme Court of North Carolina
This is AN appeal from an order of Shuford, /., made in the above-entitled cause, at Spring Term, 1892, of the Superior Court of Hertford County. On the 26th day of March, 1892, the plaintiff caused a notice and subpoena to be served on the defendant, that at the time and place named he would examine the defendant as a witness in this action, then pending.
Read the full summary
This is AN appeal from an order of Shuford, /., made in the above-entitled cause, at Spring Term, 1892, of the Superior Court of Hertford County. On the 26th day of March, 1892, the plaintiff caused a notice and subpoena to be served on the defendant, that at the time and place named he would examine the defendant as a witness in this action, then pending. The defendant filed the following answer before the Clerk : ‘‘1. That the defendant is advised and believes that the plaintiff is not entitled to examine the defendant and compel him to disclose his evidence in this case before a trial of…
1Opinion of the Court
Clark, J.:
The Code, § 580, provides that “ a party to an action may be examined as a witness by the adverse party * * * either at the trial, or conditionally, or upon commission.” The next section provides that “ the examination, instead of being had at the trial, as provided in the preceding section, may be had at any time before the trial, at the option of the party claiming it, before a Judge or Clerk of the Court, on a previous notice to the party to be examined, or any other adverse par.ty, of at 'least five days, unless for good cause shown the Judge shall order otherwise.” Nothing in…
2Cases cited4 opinions
- Helms v. . GreenSupreme Court of North Carolina · 1890
- State v. . WyldeSupreme Court of North Carolina · 1892
- Guilford v. . Georgia Co.Supreme Court of North Carolina · 1891
- Hudson v. . JordanSupreme Court of North Carolina · 1891
3Cited by23 opinions
- Allred v. GravesSupreme Court of North Carolina · 1964
- News & Observer Publishing Co. v. State Ex Rel. StarlingSupreme Court of North Carolina · 1984
- Bohannon v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1936
- Holt v. Southern Finishing & Warehouse Co.Supreme Court of North Carolina · 1895
- Chesson v. Washington County BankSupreme Court of North Carolina · 1925
18 more not listed; retrieve them via the Exa API.