Springs v. Schenck
Supreme Court of North Carolina
This was a civil ACTION, tried before Gilmer, J., at Fall Term, 3888, of Mecklenburg Superior Court. The action was brought to recover possession of the' land described in the complaint.
Read the full summary
This was a civil ACTION, tried before Gilmer, J., at Fall Term, 3888, of Mecklenburg Superior Court. The action was brought to recover possession of the' land described in the complaint. When the case was called for trial, the plaintiff announced that he was not ready to try, because of the absence of one T. J. Orr, a surveyor, by whom he expected to prove that the land described in the complaint was covered by the deeds from Phelps to Rothchilds, and from Rothchilds to the plaintiff, hereinafter referred to. The defendants’ counsel replied that defendants wished to try, and would admit what…
1Opinion of the CourtAvery, J.
after stating the facts: The finding of the Court below that the papers in a case tried by a Justice of the Peace had been lost by him, and could not, after diligent search, be found, is not, in its bearing upon the admissibility of secondary evidence to prove their contents, reviewable in this Court. Bond v. Smith (decided at thislerm); Greenleaf on Evidence, sections 84, 509 and 558; ibid., Vol. 2, §17.
A Justice’s Court is not a Court of record, and, as was said in Reeves v. Davis, 80 N. C., 209, “the rule has been for many years to admit the judgments of Justices’ Courts in evidence, on…
2Cases cited5 opinions
- Williams v. . ClouseSupreme Court of North Carolina · 1884
- Temple v. . WilliamsSupreme Court of North Carolina · 1884
- Reeves v. . DavisSupreme Court of North Carolina · 1879
- Jones v. . HenrySupreme Court of North Carolina · 1881
- Brunhild v. . FreemanSupreme Court of North Carolina · 1879
3Cited by2 opinions
- Darden v. Neuse & Trent River Steamboat Co.Supreme Court of North Carolina · 1890
- STATE TRUST COMPANY v. TomsSupreme Court of North Carolina · 1956