Legal Opinion

Tabor v. . Ward

Supreme Court of North Carolina

Decided June 5, 1880PublishedCited by 23 opinions

Civil Action tried at Spring .Term, 1880, of Henderson Superior Court, before Schenck, J. This action was begun before a justice of the peace upon a single bill dated the 27th of July, 1866, and payable six months after date, with interest from date.

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Civil Action tried at Spring .Term, 1880, of Henderson Superior Court, before Schenck, J. This action was begun before a justice of the peace upon a single bill dated the 27th of July, 1866, and payable six months after date, with interest from date. The defendant pleaded payment and set-off, and judgment was rendered by the.justice in favor of -the .plaintiff, from which the defendant appealed to the superior court, and at said term a jury trial having been waived by the parties, the- case was heard by the judge. Tim plaintiff offered himself as a witness in his own behalf, but the court…

1Opinion of the CourtAsms, J.

The act of 1879, ch. 183> ratified on the lltb day of March, was passed as a proviso, by way of amendment to section 343 of the code. It provides that no person who was a party to a suit then existing, or which might thereafter be commenced oil any judgment rendered, or on any bond under seal for the payment of money executed previous to the first d'ay of August, 1868, should be a competent witness, “ but the rules of evidence- in force when said judgment was rendered or said bond under seal was executed shall be applicable to- said suit.”

The bond sued on in this case was executed- on the…

2Cases cited2 opinions

  1. Howard v. . MootNew York Court of Appeals · 1876
  2. Washington Toll Bridge Co. v. Commissioners of BeaufortSupreme Court of North Carolina · 1879

3Cited by23 opinions

  1. Smith v. MercerSupreme Court of North Carolina · 1970
  2. United Roasters, Inc. v. Colgate-Palmolive Co.District Court, E.D. North Carolina · 1980
  3. Tatom v. . WhiteSupreme Court of North Carolina · 1886
  4. Stanback v. Citizens National Bank of RaleighSupreme Court of North Carolina · 1929
  5. Byrd D. JohnsonSupreme Court of North Carolina · 1941

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