Halyburton v. Dobson
Supreme Court of North Carolina
This was a civil action tried before Mitchell, J., at the Eall Term, 1870, of Burke Superior Court. The plaintiffs were the executors of Jacob Harshaw and sued in that capacity. On the trial, it became material to ascertain whether the testator of the plaintiffs had received from the defendant certain Confederate money voluntarily, or under fear and coercion.
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This was a civil action tried before Mitchell, J., at the Eall Term, 1870, of Burke Superior Court. The plaintiffs were the executors of Jacob Harshaw and sued in that capacity. On the trial, it became material to ascertain whether the testator of the plaintiffs had received from the defendant certain Confederate money voluntarily, or under fear and coercion. The defendant offered himself as a witness to prove that the testator and the defendant by agreement went to the office of E. C. Pearson, in the town of Morgan-ton, to obtain his advice, as to the propriety of receiving the money; that…
1Opinion of the CourtReade, J.
The C. C. P. sec. 343, provides, that a party to an action may be a witness in his own behalf, “ Provided, that no party, &c., shall be examined in regard to any transaction or communication, between himself and a person, who, at the time of the examination is dead.”
The reason for the exception is apparent. There could never be a recovery against an unscrupulous party, if he were permitted to testify where it would be impossible to •contradict him. The statute ought to be construed in view of this mischief.
His Honor held, properly, that the defendant could not testify as to what passed…
2Cited by19 opinions
- Smith v. Moore.Supreme Court of North Carolina · 1906
- Lockhart v. . BellSupreme Court of North Carolina · 1884
- Brown v. . AdamsSupreme Court of North Carolina · 1917
- Sawyer v. . GrandySupreme Court of North Carolina · 1893
- Loftin v. . LoftinSupreme Court of North Carolina · 1887
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