Davison v. West Oxford Land Co.
Supreme Court of North Carolina
Civil ACTION, tried before Q-reene, J., and a jury, at April Term, 1895, of Geanville Superior Couit. Before the trial was begun counsel for the defendants, stated that they would object to the reading of the deposition of G. W. Davison, taken in the cause, on the ground that the commission issued to W. H. Raleigh, as Commissioner, was neither signed by the clerk of the superior court, nor was the seal of said court affixed to the same, and by consent-this matter was.argued…
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Civil ACTION, tried before Q-reene, J., and a jury, at April Term, 1895, of Geanville Superior Couit. Before the trial was begun counsel for the defendants, stated that they would object to the reading of the deposition of G. W. Davison, taken in the cause, on the ground that the commission issued to W. H. Raleigh, as Commissioner, was neither signed by the clerk of the superior court, nor was the seal of said court affixed to the same, and by consent-this matter was.argued before his Honor as if the objection was regularly taken on the trial, when the deposition should be offered.…
1Opinion of the Court
Clark, J.:
The court below excluded the deposition of G. W. Davison on the ground that the commission issued to W. H. Raleigh to take the same was not signed by the clerk, and the seal of the court was not affixed ro the commission. This objection would have been valid if the defendant had not appeared when the deposition was taken, or, if appearing, had entered an objection on those grounds. But it appears that ~W. H. Raleigh was a Commissioner of Affidavits for North Carolina, that the witness was duly sworn and examined before him, that notice had been given of the time and place of taking…
2Cases cited6 opinions
- Roberts v. . AllmanSupreme Court of North Carolina · 1890
- Barnhardt v. . SmithSupreme Court of North Carolina · 1882
- Wheeler v. . CobbSupreme Court of North Carolina · 1876
- Moore v. N. C. RailroadSupreme Court of North Carolina · 1872
- State on Relation of W. H. Howerton v. . S. McD. TateSupreme Court of North Carolina · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Willeford v. Bailey.Supreme Court of North Carolina · 1903
- Sentell v. Southern Ry.Supreme Court of South Carolina · 1903
- McArter v. . RheaSupreme Court of North Carolina · 1898
- McArter v. . RheaSupreme Court of North Carolina · 1898