Carter v. . Graves
Supreme Court of North Carolina
From Caswell. A deed from Solomon Graves to Sarah B. Carter having been produced on the trial of a former suit between these parties, under a subpoena duces tecum directed to the. agent of Sarah B, Carter, and. having been left among the papers of that cause, the clerk, under the instruction of Solomon Graves’ counsel refusing to deliver it up, Mrs. Carter applied for permission to withdraw it from the office.
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From Caswell. A deed from Solomon Graves to Sarah B. Carter having been produced on the trial of a former suit between these parties, under a subpoena duces tecum directed to the. agent of Sarah B, Carter, and. having been left among the papers of that cause, the clerk, under the instruction of Solomon Graves’ counsel refusing to deliver it up, Mrs. Carter applied for permission to withdraw it from the office. By the direction of the presiding Judge, notice of this application was given to the counsel of Graves. The application was opposed, and on the argument the statement made in the cause…
1Opinion of the Court
The opinion of the Court, was delivered by
Hair, Judge.
It appears that the deed in question, was executed by the Defendant to the Plaintiff, that it was not in the possession, or under the control of the Defendant, but in Ihe possession of the Plaintiff’s agent. It was for this reason, that the Defendant procured a subpoena duces tecum to be served on the agent, to have the benefit of the deed on the trial of the suit set forth in this case; that when the deed, was brought to Court, and after the trial of that suit, it fell into the hands of the Clerk of the Court, who was cautioned by the…
2Cited by2 opinions
- Vaughan v. BroadfootSupreme Court of North Carolina · 1966
- State v. SmithmeyerSupreme Court of Kansas · 1921