Gragg v. . Wagner
Supreme Court of North Carolina
Civil Action for Breach of Covenant in a Heed, tried at Spring Term, 1877, of Watauga Superior Court, before Schenck, J. , It appeared that the defendant executed a deed to the plaintiff conveying certain lands -in Johnston County, Tennessee, which were subject to incumbrances, judgments, &c., against the defendant. Covenants against these. incum-brances were inserted in the deed.
Read the full summary
Civil Action for Breach of Covenant in a Heed, tried at Spring Term, 1877, of Watauga Superior Court, before Schenck, J. , It appeared that the defendant executed a deed to the plaintiff conveying certain lands -in Johnston County, Tennessee, which were subject to incumbrances, judgments, &c., against the defendant. Covenants against these. incum-brances were inserted in the deed. (See same case, 71 N. C. 316 ) At the time of the trial the defendant was in the State of Oregon, and during the progress of the trial the plaintiff’s counsel commented on the fact that the defendant had not offered…
1Opinion of the CourtBynum, J.
1. The defendant, Wagner, was a competent •witness as well for the plaintiff as for himself and in his own behalf. If he was a material witness for the plaintiff’, it was the latter’s own fault that he went to trial without his testimony ; and if he was not material, he has received no harm by his absence. It is the privilege but not the duty of a party to an action to offer himself as a witness in his own behalf, and he is not the proper subject for unfriendly criticism because he declines to exercise a privilege conferred upon him for his own benefit merely. The fact is not the •subject of…
2Cases cited2 opinions
- Devries Co. v. . Phillips HaywoodSupreme Court of North Carolina · 1868
- Gragg v. . WagnerSupreme Court of North Carolina · 1874
3Cited by4 opinions
- State v. TaylorWest Virginia Supreme Court · 1905
- Goodman v. . SappSupreme Court of North Carolina · 1889
- Maney v. GreenwoodSupreme Court of North Carolina · 1921
- Maney v. . GreenwoodSupreme Court of North Carolina · 1921