Shelton v. . Hampton
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Surry County, at the Fall Term, 1845, his Honor Judge Pearson presiding. This was an action of Trover. The only material questions that arose on the trial were — First, when the plaintiff had introduced a witness, who swore against her interest, whether she could offer other witnesses to disprove what the first had sworn to.
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Appeal from the Superior Court of Law of Surry County, at the Fall Term, 1845, his Honor Judge Pearson presiding. This was an action of Trover. The only material questions that arose on the trial were — First, when the plaintiff had introduced a witness, who swore against her interest, whether she could offer other witnesses to disprove what the first had sworn to. His Honor decided that the plaintiff coaid not be allowed to discredit her witness by showing that he was a man of bad general character, but that she might prove by other witnessess, that the facts were different from those sworn…
1Opinion of the CourtDaxiel, J.
First: A party never shall be permitted to produce general evidence to discredit his own witness; but, if a witness prove facts in a cause, which make against the party who called him, yet the party may call other witnesses to prove, that those facts were otherwise. The other witnesses are not called directly to discredit the first witness, hut the impeachment of Ms credit is incidental and consequential only. Bull. N. P. 296. Lord Ellenborough, (in Alexander v. Gibson, 2 Camp. 556,) said, if a witness is called and gives evidence against the party calling him, I think he may be contradicted…
2Cited by3 opinions
- State v. TilleySupreme Court of North Carolina · 1954
- R. M. Sutton Co. v. WellsSupreme Court of North Carolina · 1919
- State v. TilleySupreme Court of North Carolina · 1954