Sparrow v. . Blount
Supreme Court of North Carolina
.Civil, ACTION tried at Fall Term, 1883, of Chowan Superior Court, before Avery, J. . ' This is an action 'in nature of quo ■warranto, brought by the people of the state upon the relation of George A. Sparrow against John H. Blount, to try title to the office of solicitor of the first judicial district.
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.Civil, ACTION tried at Fall Term, 1883, of Chowan Superior Court, before Avery, J. . ' This is an action 'in nature of quo ■warranto, brought by the people of the state upon the relation of George A. Sparrow against John H. Blount, to try title to the office of solicitor of the first judicial district. The. facts 'relating to the point decided by this court are in substance as follows: The plaintiff relator offered several depositions of witnesses taken before the clerk of the superior court of- Pamlico county, acting as commissioner under order of court, and appointed at the instance of the…
1Opinion of the CourtM.krrimoN, J.
We think the court erred in rejecting the deposition of witnesses residing more thah seventy-five miles from the. place where the court -was sitting to try the action, upon the ground that such -witnesses were not under subpoena.
Although it does not distinctly appear in the record, that the-witnesses resided more than that distance from the place where the court was sitting, the counsel on both sides in their printed briefs, take it that they did, and we must take the fact so to- be.
The purpose of the statute, Acts 1881, ch. 279, §§2.andní, was plainly to save the inconvenience and cost of…
2Cases cited3 opinions
- Barnhardt v. . SmithSupreme Court of North Carolina · 1882
- Katzenstein v. Raleigh & Gaston Rail-RoadSupreme Court of North Carolina · 1878
- Carson, Adm'r v. . MillsSupreme Court of North Carolina · 1873
3Cited by2 opinions
- Jones v. Commissioners of Person CountySupreme Court of North Carolina · 1890
- State Ex Rel. Davenport v. McKeeSupreme Court of North Carolina · 1887