Price v. . Edwards
Supreme Court of North Carolina
Civil ACTION, tried before Sham), J., and a jury, at March Term, 1919, of STANLY. Defendants appealed. This proceeding was brought by the administrator for a final settlement of the estate of S. J. Edwards, the decedent, J. II. Edwards, suing as administrator and in his individual capacity. The intestate left no lineal descendants. His brothers and sisters are: J. H. Edwards, one of the plaintiffs, J. S. Edwards, Mrs. J. E. Moore, and Mrs. Alice Gr.
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Civil ACTION, tried before Sham), J., and a jury, at March Term, 1919, of STANLY. Defendants appealed. This proceeding was brought by the administrator for a final settlement of the estate of S. J. Edwards, the decedent, J. II. Edwards, suing as administrator and in his individual capacity. The intestate left no lineal descendants. His brothers and sisters are: J. H. Edwards, one of the plaintiffs, J. S. Edwards, Mrs. J. E. Moore, and Mrs. Alice Gr. Hill, who are his next of kin and the distributees of his estate. S. J. Edwards, at the time of his death, was conducting a mercantile business…
1Opinion of the Court
Walker, J.,
The exceptions must be overruled.
1. The evidence of J. S. Edwards had a tendency to establish the existence of the partnership, and was, therefore, relevant (Gaylord v. Respass, 92 N. C., 553; Fraley v. Fraley, 150 N. C., 507), and the witness was competent, as he was testifying against his own interest. He is not disqualified in such a case. Bunn v. Todd, 107 N. C., 266; Tredwell v. Graham, 88 N. C., 208; Weinstein v. Patrick, 75 N. C., 344, and Seals v. Seals, 165 N. C., 409, where the subject is fully discussed. In the Treadwell case, supra, it was said: “Notwithstanding the…
2Cases cited33 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- Miller v. AmmonSupreme Court of the United States · 1892
- Bunn v. . ToddSupreme Court of North Carolina · 1890
- Pratt v. . ShortNew York Court of Appeals · 1880
- Tyler v. . CapehartSupreme Court of North Carolina · 1899
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- Byers v. . ByersSupreme Court of North Carolina · 1943
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