Williams v. . Alexander
Supreme Court of North Carolina
This was an action of debt, tried before SaüNdees, J., at the 'Special Term (June, 1858,) of Mecklenburg Superior Court.
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This was an action of debt, tried before SaüNdees, J., at the 'Special Term (June, 1858,) of Mecklenburg Superior Court. The declaration was on the bond of the defendant, due on the 1st of January, 1843. The writ was issued on the 15th day of June, 1855. The execution of the specialty was admitted ; it was also admitted that the endorsements of credits, on the bond, were in the hand-writing of T. L. Hutchison, the obli-gee, and that he died on the 4th of November, 1846 ; one of these endorsements was a receipt for fifty dollars, from Adam Alexander, the present defendant, dated the 26th of…
1Opinion of the CourtBattle, J.
When this case was before us at December Term, 1857, (see 5 Jones’ Rep. 162,) it was submitted without any argument on the part of the plaintiff. Had our attention been called at that time to the authorities which the learning and industry of his counsel have now been able to produce, our decision would have been then, as it is now, in his favor.
The general rule of evidence undoubtedly is, as we, on the former occasion, stated it to be, that a party cannot offer, as testimony in his own favor, his acts or declarations, unless they form part of something done, which it is competent for him to…
2Cited by5 opinions
- Demai v. . TartSupreme Court of North Carolina · 1942
- Bond v. Wilson.Supreme Court of North Carolina · 1901
- Gupton v. . HawkinsSupreme Court of North Carolina · 1900
- Bond v. Wilson.Supreme Court of North Carolina · 1901
- Gatlin v. . WaltonSupreme Court of North Carolina · 1864