Kramer v. Thomson-Houston Electric Light Co.
Supreme Court of North Carolina
'Civil action, tried before Clark, Judge, at May Term, 1886, of Durham Superior Court. The plaintiff commenced this action on the 12th clay of February, 1886, to recover the value of certain services., which he alleged he rendered to the defendant at its request. On the 25th day of the same month, he obtained a warrant of attachment in aid of his action, which was levied upon a certain debt •due to the defendant.
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'Civil action, tried before Clark, Judge, at May Term, 1886, of Durham Superior Court. The plaintiff commenced this action on the 12th clay of February, 1886, to recover the value of certain services., which he alleged he rendered to the defendant at its request. On the 25th day of the same month, he obtained a warrant of attachment in aid of his action, which was levied upon a certain debt •due to the defendant. The defendant, in its answer, denied the material allegations ■of the complaint, and alleged a counter-claim for damages sustained, as is alleged, by the warrant of attachment…
1Opinion of the CourtMerrimoN, J.
(after stating the facts). The evidence elicited by the defendant on the cross-examination of the plaintiff, testifying as a witness in his own behalf, was simply collateral to the issues submitted to the jury. It was irrelevant and immaterial as substantive evidence; it did not tend to prove or disprove the material issue as to the question of the defendant’s indebtedness to the plaintiff As to this, it only-tended to mislead and confuse.
What the defendant suggested by its questiou might be true, and yet the defendant might owe the plaintiff for services as alleged in the complaint.
The only…
2Cases cited3 opinions
- Clark v. . ClarkSupreme Court of North Carolina · 1871
- State v. . PattersonSupreme Court of North Carolina · 1876
- State v. . DavisSupreme Court of North Carolina · 1882
3Cited by22 opinions
- In Re Will of CravenSupreme Court of North Carolina · 1915
- State v. HartSupreme Court of North Carolina · 1954
- Carpenter, Baggott & Co. v. HanesSupreme Court of North Carolina · 1914
- Brown v. Guaranty Estates Corp.Supreme Court of North Carolina · 1954
- Wright v. . HarrisSupreme Court of North Carolina · 1912
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