Edwards v. . Sullivan
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Cumberland County, at the Spring Term, 1848, his Honor Judge Bailey presiding. This was an action of debt upon a bond for the payment of seven hundred and fifty dollars, dated in July 1843 ; to which the defendant pleaded the general issue. It was commenced in the County Court and carried by appeal to the Superior Court in which it was tried at Cumberland on the last circuit.
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Appeal from the Superior Court of Law of Cumberland County, at the Spring Term, 1848, his Honor Judge Bailey presiding. This was an action of debt upon a bond for the payment of seven hundred and fifty dollars, dated in July 1843 ; to which the defendant pleaded the general issue. It was commenced in the County Court and carried by appeal to the Superior Court in which it was tried at Cumberland on the last circuit. In support of the affirmative of the issue, the plaintiff called the subscribing witness; who testified, that, on a certain occasion, he was riding along the public road in…
1Opinion of the CourtBattle, J.
It seems to us that there is no difficulty in any of the objections to testimony, made by the plaintiff, except the last. The first objection is directly and fully answered by the case of Ingram v. Watkins, 1 Dev. & Bat. Rep. 442, where it was held, that to impeach the credibility of a witness, by proving that he swore differently as to a particular fact on a former trial, it is not necessaiy that the impeaching witness should be able to state all that the impeached witness then deposed. It is sufficient, if he is able to prove the repugnancy as to the particular fact, with regard to which it…
2Cited by9 opinions
- State v. HartSupreme Court of North Carolina · 1954
- Burnett v. Wilmington, Newbern & Norfolk Railway Co.Supreme Court of North Carolina · 1897
- State v. . DegraffenreidSupreme Court of North Carolina · 1943
- State v. . KiziahSupreme Court of North Carolina · 1940
- State v. . McLaughlinSupreme Court of North Carolina · 1900
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