Legal Opinion

Burnett v. . Savage

Supreme Court of North Carolina

Decided February 5, 1885PublishedCited by 10 opinions

This was a civil action tried before Gilmer, Judge, and a jury at Spring Term, 1883, of Edgecombe Superior Court. The action wa's brought by the plaintiff to recover the value of his services rendered the defendant’s testatrix for several years preceding her death in managing her farm, &c.

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This was a civil action tried before Gilmer, Judge, and a jury at Spring Term, 1883, of Edgecombe Superior Court. The action wa's brought by the plaintiff to recover the value of his services rendered the defendant’s testatrix for several years preceding her death in managing her farm, &c. The plaintiff introduced evidence to show that he had rendered her such service, in the general supervision and management of her farm; and that the said farm had been managed previous to his undertaking the management by John Savage, a grandson of the testatrix, who was paid by her three hundred dollars a…

1Opinion of the Court

Ashe, J.,

after stating the case: The only question presented by the record is, did his Honor commit an error in admitting the evidence given by the plaintiff and excepted to by the defendant. We are of the opinion he did not. It is provided by section 590 of The Code that a party to a suit interested in the suit shall not be examined as a -witness in his own behalf against the executor of a deceased person, concerning a personal transaction or communication between the witness and the deceased person... But to this there is an exception, Avhen the executor is examined in his own behalf…

2Cases cited2 opinions

  1. Murphy v. RaySupreme Court of North Carolina · 1875
  2. Hawkins v. . CarpenterSupreme Court of North Carolina · 1881

3Cited by10 opinions

  1. Bunn v. . ToddSupreme Court of North Carolina · 1890
  2. Irvin v. Southern Railway Co.Supreme Court of North Carolina · 1913
  3. Pope v. . PopeSupreme Court of North Carolina · 1918
  4. Irvin v. . R. R.Supreme Court of North Carolina · 1913
  5. Hall v. HollomanSupreme Court of North Carolina · 1904

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