Gregg v. . Mallett.
Supreme Court of North Carolina
Civil action, tried on appeal from the judgment of a Justice of the Peace, at Spring Term, 1892, of the Superior Court of Edgecombe County, Brown, J., presiding. The plaintiffs sued for the non-payment of $115.45, and interest on the same from August 20, 1890, due on account for corn sold by them to the defendants. The defendants, answering the complaint, say: “ 1. That they deny that they owe plaintiffs anything.
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Civil action, tried on appeal from the judgment of a Justice of the Peace, at Spring Term, 1892, of the Superior Court of Edgecombe County, Brown, J., presiding. The plaintiffs sued for the non-payment of $115.45, and interest on the same from August 20, 1890, due on account for corn sold by them to the defendants. The defendants, answering the complaint, say: “ 1. That they deny that they owe plaintiffs anything. For a second defense, they admit they purchased corn of one E. V. Murphy of the value of $L76.45, but they deny that Murphy was acting in this transaction as agent for the…
1Opinion of the Court
MacRa.k, J.:
The defendants excepted to the admission in evidence of the deposition of Joseph Gregg, because “it does not appear that Philip A. Iloyne, the commissioner who certified the same, is of kin to neither party in the action.” The contention of defendants is, that while objections as to insufficiency of notice, and the like, must be supported by evidence on the part of the party objecting, yet that it should appear either in the commission or in the return of the commissioner, or in some application for the issuing of the commission, that the commissioner is of kiu to neither party to…
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