Peek v. Shook

The defendant bases his objection to the admission of the evidence given by the plaintiff in person upon the statute now codified as G.S. 8-51.

This statute does not render the testimony of a witness incompetent in any case unless these four questions require an affirmative answer :

1. Is the witness (a) a party to the action, or (b) a person interested in the event of the action, or (e) a person from, through or under whom such a party or interested person derives his interest or title?

2. Is the witness testifying (a) in his own behalf or interest, or (b) in behalf of the party succeeding to…