Shields v. . Smith
Supreme Court of North Carolina
Civil Action tried at January Special Term, 1878, of Halifax Superior Court, before Schenek. J. His Honor overruled the objection to the testimony of the witness upon the facts set out in the opinion of this Court. Verdict and judgment for defendants and appeal by plaintiffs.
1Opinion of the CourtReade, J.
The question being whether a transaction between Hyman and Smith and Briggs was bona fide, the said Smith one of the defendants was allowed to testify as a witness to a conversation between himself and said Hyman as to the very transaction while it was in process of arrangement — the said Hyman being dead at the time of the trial. This would be in conflict with C. C. P., § 343, which provides that no party to the action * * * shall be examined in regard to any transaction or communication between such witness and a person at the time of such examination deceased, where.the representative of…
2Cited by7 opinions
- Gidney v. . MooreSupreme Court of North Carolina · 1882
- McGowan v. DavenportSupreme Court of North Carolina · 1904
- Hawkins v. . CarpenterSupreme Court of North Carolina · 1881
- McGowan v. . DavenportSupreme Court of North Carolina · 1904
- Morgan v. . BuntingSupreme Court of North Carolina · 1882
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