McKinder v. . Littlejohn
Supreme Court of North Carolina
This was an action of debt, upon a penal bond, to which the defendant pleaded non est factum — payment—fully administered generally and specially, and the acts of 1715 and 1789, for the protection oí executors and administrators: and upon the trial at Granville, on the last circuit, the defendant filed the following bill of exceptions: Be it remembered, that on the trial of the issues joined between the parties in this cause, before the Honorable John M. Dick, presiding…
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This was an action of debt, upon a penal bond, to which the defendant pleaded non est factum — payment—fully administered generally and specially, and the acts of 1715 and 1789, for the protection oí executors and administrators: and upon the trial at Granville, on the last circuit, the defendant filed the following bill of exceptions: Be it remembered, that on the trial of the issues joined between the parties in this cause, before the Honorable John M. Dick, presiding Judge of the said Court, the plaintiff produced a paper writing, dated the 19th of August, 1811, purporting to be an…
1Opinion of the Court
Gaston, Judge.
The court is of opinion that the first or the exceptions taken by the defendant in this case is well founded. Rules of evidence, once settled, become rules of law, and cannot be departed from upon theoretic notions of propriety, or the suggestions of expediency. Among these rules, the following, as we believe, are well settled in the country of our ancestors; and we are confident have been regarded as established in this State for the last half century: When the execution of an instrument, attested by one or more subscribing witnesses, is required to be proved, the party…
2Cited by9 opinions
- Daniel v. . GrizzardSupreme Court of North Carolina · 1895
- Copeland v. . CollinsSupreme Court of North Carolina · 1898
- Long v. . CleggSupreme Court of North Carolina · 1886
- Bright v. . MarcomSupreme Court of North Carolina · 1897
- Moore v. . EdmistonSupreme Court of North Carolina · 1874
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