Meroney v. Avery
Supreme Court of North Carolina
Assumpsit, tried before Cloud, J., at Fall Term 1869 of ÉOWAN Court. Upon the trial, the plaintiff was introduced and testified, without objection, as to a conversation between himself and the testator in regard to the cause of action; upon his cross-examination he was asked if he were not plaintiff, and if Isaac T. Avery, the testator of the defendant, were not dead.
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Assumpsit, tried before Cloud, J., at Fall Term 1869 of ÉOWAN Court. Upon the trial, the plaintiff was introduced and testified, without objection, as to a conversation between himself and the testator in regard to the cause of action; upon his cross-examination he was asked if he were not plaintiff, and if Isaac T. Avery, the testator of the defendant, were not dead. Upon his answering in the affirmative, the defendant objected to the competency of his evidence as to the conversation. His Honor held that all objection had been waived, and refused to exclude it. Afterwards the defendant…
1Opinion of the CourtRodman, J.
The plaintiff was an incompetent witness to any transaction or communication with the testator of the defendant: C. C. P. § 343; Whitesides v. Green, Admr. decided at this term: hut the objection was waived, by not being taken in due time. An objection must be taken as soon as its existence becomes known: 1 Stark. Ev. 114; 1 Greenl. Ev. 461. The introduction of the defendant after-wards cannot affect this case.
Pee Curiam:. Judgment affirmed.
2Cited by10 opinions
- Hayes v. RicardSupreme Court of North Carolina · 1956
- State Ex Rel. Quinn v. LattimoreSupreme Court of North Carolina · 1897
- Armfield v. . ColvertSupreme Court of North Carolina · 1889
- State v. . OuterbridgeSupreme Court of North Carolina · 1880
- Setzer v. Boise Cascade Corp.Court of Appeals of North Carolina · 1996
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