Askew v. Matthews
Supreme Court of North Carolina
Appeal by plaintiff from Whedbee, J., at tbe August Term, 1917, of BERTIE. Tbis is an action brought by Ernest Askew, guardian of Rosa Askew and Sallie Askew, against J. II. Matthews, administrator of Eliza Ilog-gard, to recover two notes of $1,250 and $500, respectively, and one-balf interest in a note for $2,000. The notes sued for were the property of Eliza Hoggard during her lifetime.
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Appeal by plaintiff from Whedbee, J., at tbe August Term, 1917, of BERTIE. Tbis is an action brought by Ernest Askew, guardian of Rosa Askew and Sallie Askew, against J. II. Matthews, administrator of Eliza Ilog-gard, to recover two notes of $1,250 and $500, respectively, and one-balf interest in a note for $2,000. The notes sued for were the property of Eliza Hoggard during her lifetime. It was contended by plaintiff that at the time of her death, they were in possession of plaintiff and were the property of plaintiff’s wards, having been given to them by Eliza Hoggard prior to her death.…
1Opinion of the CourtAlleN, J.
Tbe objection to tbe introduction of tbe deposition cannot be sustained.
It was held more than eighty years ago in Duncan v. Hill, 19 N. C., 291, that a deposition need not be made returnable to tbe nest term of court, and tbe statute has not since been amended to require it to be returned to any particular term.
It is desirable and best for tbe deposition to be sent to tbe clerk at once upon its completion, and in tbe event of unreasonable delay, tbe court can, upon proper application, compel tbe commissioner to make return.
Tbe objection, which is in substance a motion to quash or reject tbe…
2Cases cited6 opinions
- Newman v. . BostSupreme Court of North Carolina · 1898
- Wilson v. . FeatherstonSupreme Court of North Carolina · 1898
- Adams v. . HayesSupreme Court of North Carolina · 1842
- Duckworth v. . OrrSupreme Court of North Carolina · 1900
- Gross v. Smith.Supreme Court of North Carolina · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Thomas v. . HoustonSupreme Court of North Carolina · 1921
- Buffaloe v. . BarnesSupreme Court of North Carolina · 1946
- Parker v. . MottSupreme Court of North Carolina · 1921
- Sinclair v. TravisSupreme Court of North Carolina · 1950
- Buffaloe v. . BarnesSupreme Court of North Carolina · 1946
1 more not listed; retrieve them via the Exa API.