Legal Opinion

McArter v. . Rhea

Supreme Court of North Carolina

Decided May 11, 1898Published

Civil action tried before Nonvood, J., and a jury at Spring Term, 1897, of Cleveland Superior Court. There was a verdict for the plaintiff and defendant appealed. The facts sufficiently appear in the opinion.

1Opinion of the Court

*615Faircloth, 0. J.:

This action is against the defendant, S. B. Rhea, as administrator d. b. n. of R. A. Rhea, for money loaned and for other matters due on an open account. At the trial defendant objected to the reading of the deposition of the plaintiff and Julia Patterson, a sister of the plaintiff. The exception was solely on the ground that the commission issued by the clerk of Cleveland county to H. T. Hudson to take the deposition had no seal attached and was void, according to The Code, 1357. The defendant failed to observe other provisions of the law. The Act of 1797, Rev. Stat. Chapter…

2Cases cited4 opinions

  1. Barnhardt v. . SmithSupreme Court of North Carolina · 1882
  2. Freeman v. . LewisSupreme Court of North Carolina · 1844
  3. Davison v. West Oxford Land Co.Supreme Court of North Carolina · 1896
  4. Taylor v. . TaylorSupreme Court of North Carolina · 1880

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