Lanier v. . Bryan
Supreme Court of North Carolina
Appeal by defendant from Lyon, J., at April Term, 1922, of ONsnow. Civil action to recover damages for tbe seduction of tbe plaintiff. When the plaintiff was called as a witness tbe defendant objected to ber examination on tbe ground tbat sbe was incapable of understanding tbe obligation of an oatb and mentally incapable of testifying to tbe occurrences set forth in the complaint.
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Appeal by defendant from Lyon, J., at April Term, 1922, of ONsnow. Civil action to recover damages for tbe seduction of tbe plaintiff. When the plaintiff was called as a witness tbe defendant objected to ber examination on tbe ground tbat sbe was incapable of understanding tbe obligation of an oatb and mentally incapable of testifying to tbe occurrences set forth in the complaint. His Honor then beard tbe testimony of Dr. McNairy, an expert in mental diseases, who bad treated ber in tbe Caswell Training School, and therefrom found tbe following as facts: 1. Tbe plaintiff, who was over tbe age…
1Opinion of the CourtAdams, J.
The tests that have usually been applied to determine the •competency of a person offered as a witness are those of age, mental power, religious belief, and capacity to understand the nature and obligation of an oath. Particularly with reference to the first three of them the decisions have not been uniform. At one time the age of competency was fixed at fourteen, and children over that age were examined as a matter of course; but in some of the earlier decisions it was held that children under nine years of age were incompetent to testify, and that the competency of those between nine and…
2Cases cited7 opinions
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- Coleman v. CommonwealthSupreme Court of Virginia · 1874
- State v. . ManuelSupreme Court of North Carolina · 1870
- Bank of Wadesboro v. CaudleSupreme Court of North Carolina · 1954
- State v. . PerrySupreme Court of North Carolina · 1853
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3Cited by12 opinions
- State v. . BealSupreme Court of North Carolina · 1930
- State v. BentonSupreme Court of North Carolina · 1970
- State v. BealSupreme Court of North Carolina · 1930
- Commonwealth v. KoshSupreme Court of Pennsylvania · 1931
- Artesani Ex Rel. Artesani v. GrittonSupreme Court of North Carolina · 1960
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