Harris v. M'Rae's Adm'rs
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Montgomery county, at the Fall Term, 1843, his honor Judge Battle presiding. In this case the plaintiffs, alleging that the record of the suit was destroyed in the fire by which the court-house and all its contents were consumed in March last, proposed to supply the loss by parol proof of its existence and destruction; and shewed that the defendants had notice to produce the original record, and of the intention of the plaintiffs, in…
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Appeal from the Superior Court of Law of Montgomery county, at the Fall Term, 1843, his honor Judge Battle presiding. In this case the plaintiffs, alleging that the record of the suit was destroyed in the fire by which the court-house and all its contents were consumed in March last, proposed to supply the loss by parol proof of its existence and destruction; and shewed that the defendants had notice to produce the original record, and of the intention of the plaintiffs, in case of its non production, to offer secondary evidence of its contents. Te defendant* objected, that, to shew that the…
1Opinion of the CourtRtjffiN, C. J.
We see no difficulty in the objection stated in this case, but concur in the opinion of his Honor. While a case is pending, an omission in the record from misprision of the clerk or any accident, may, from necessity, be supplied by making the proper entry as of the proper time, so as to make the record speak the truth, as to the do-ingsof the parties or the court in that matter. Upon the same principle, upon the destruction of any part of the record, or rather, of the process, pleadings or orders in a suit— for the record, properly speaking, is not made up until the cause is at an end — such…
2Cited by1 opinion
- Hill v. . LaneSupreme Court of North Carolina · 1908