McKesson v. . Smart
Supreme Court of North Carolina
This was a civil action, tried before Bynum, J., on an appeal from a Justice’s Court, at Spring Term, 1890, of Mitchell Superior Court. The plaintiff complained upon an account of sixty-three dollars.
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This was a civil action, tried before Bynum, J., on an appeal from a Justice’s Court, at Spring Term, 1890, of Mitchell Superior Court. The plaintiff complained upon an account of sixty-three dollars. The defendant denied the indebtedness, and also plead as an estoppel that the same cause of action had been sued upon in another and different action before a Justice of the Peace, based upon the same came of action, and determined in favor of the defendant, and that from such judgment the plaintiff did not appeal. In support of this plea the defendant introduced J. M. Riddle, who testified that…
1Opinion of the Court
A VERY, J.:
The witness, a Justice of the Peace, had failed to enter the case upon his docket, and testified that he had made “ diligent search” for the other papers and could not find them, and that they were lost or destroyed. He was the custodian of these quasi records, the contents of which were important to show a former trial and judgment which would operate as an estoppel against the plaintiff in this -■action. The inevitable inference is, that being an officer, •entrusted by the State of North Carolina with judicial power :and the custody of the process and papers pertaining to his…
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