Jones v. . Ward
Supreme Court of North Carolina
Action on the case, tried before his Honor Judge Caldwell, at the Pali Term, 1855, of Martin Superior Court. The action was brought for the recovery of a quantity of shingles, and the only question brought to this Court is, whether the testimony of a deceased witness, given on a former trial of the same suit, could be proved by the notes of one of the attorneys in the cause? Mr. Mmoles, the attorney mentioned, deposed that he took notes of the testimony of the deceased…
Read the full summary
Action on the case, tried before his Honor Judge Caldwell, at the Pali Term, 1855, of Martin Superior Court. The action was brought for the recovery of a quantity of shingles, and the only question brought to this Court is, whether the testimony of a deceased witness, given on a former trial of the same suit, could be proved by the notes of one of the attorneys in the cause? Mr. Mmoles, the attorney mentioned, deposed that he took notes of the testimony of the deceased witness Page, on the former trial of the cause, and that those notes contain the substance of the testimony of that witness…
1Opinion of the CourtBattle, J.
The precise question which is presented in this case, has not, we believe, been heretofore decided in this State. In the case of Ballenger v. Barnes, 3 Dev. Rep. 460, it was held that the testimony given by a witness, on a former trial between the same parties, who has since died, might be proved by any person who heard it, and could state its substance, and not merely its effect. The same rule was adverted to by Gas-ton, Judge, arguendo in Ingram v. Watkins, 1 Dev. & Bat. Rep. 444. "Whether a witness who had taken full notes of the testimony given on the former trial would be permitted to…
Also in this document: Per curiam.
2Cited by5 opinions
- Smith v. . MooreSupreme Court of North Carolina · 1908
- Cooper v. Southern RailroadSupreme Court of North Carolina · 1915
- W. M. Ritter Lumber Co. v. Montvale Lumber Co.Supreme Court of North Carolina · 1915
- Grant v. . MitchellSupreme Court of North Carolina · 1911
- Lumber Co. v. . Lumber Co.Supreme Court of North Carolina · 1915