Wellborn v. . Younger
Supreme Court of North Carolina
~) t From Wilkes. j This was an action on the ease, in which the plaintiff declared for a deceit in the exchange of horses, and. was tried below before Badger, Judge.
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~) t From Wilkes. j This was an action on the ease, in which the plaintiff declared for a deceit in the exchange of horses, and. was tried below before Badger, Judge. After the plaintiff had closed his case, the defendant^ counsel offered to read in evidence the deposition of osie Eli Miller, Due notice of the time and place of taking the deposition had been given; hut the evidence was oh* jected to, and rejected by the Court, on the ground that the witness not appearing to have been sworn to depose the truth, the whole truth, and nothing hut the truth, ¡bilí simply having been sworn to the…
1Opinion of the Court
Taylor, Chief-Justice.
The common form of administering an oath is so familiarly knoAVn to all persons in any degree conversant with the trial of causes, that it is •a very reasonable presumption, 'that magistrates, who are in the daily practice of transacting such business, are conusant of it; and when they certify, on a deposition taken under the authority of a commission, that a witness was sworn, a presumption arises, prima facie, that he was duly sworn according to the forms and ceremonies of law. In the act concerning oaths, passed for the very purpose of prescribing the mode of…
2Cases cited1 opinion
- The RoanokeU.S. Circuit Court for the District of Southern New York · 1855
3Cited by1 opinion
- Rutledge v. Read.Superior Court of North Carolina · 1803