Spencer, Adm. v. . Cohoon
Supreme Court of North Carolina
After the new trial granted in this - .case, at December Term, 1833, (4 Dev. Rep. p. 926,) it was again tried at Hyde on the last Circuit before his honour . Judge Norwood, when the following entry on the minutes' of the Court of Pleas and Quarter Sessions of Hyde county, was offered in evidence on the part of the defendant, viz.: “ Court of Pleas ■and Quarter Sessions for Hyde County, November Sessions, Á. d. 1816. It is ordered that Stephen Gibbs be appointed administrator…
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After the new trial granted in this - .case, at December Term, 1833, (4 Dev. Rep. p. 926,) it was again tried at Hyde on the last Circuit before his honour . Judge Norwood, when the following entry on the minutes' of the Court of Pleas and Quarter Sessions of Hyde county, was offered in evidence on the part of the defendant, viz.: “ Court of Pleas ■and Quarter Sessions for Hyde County, November Sessions, Á. d. 1816. It is ordered that Stephen Gibbs be appointed administrator of the estate of Jeremiah Gibbs, on his entering into bond in the sum of $4,000 with John J. Bonner and William Selby,…
1Opinion of the Court
Ruffin, Chief Justice.
— The parties having brought up this case again, with a statement, which exhibits distinctly the contents of the record of the County Court, professing to be a grant of administration to Stephen Gibbs, we are enabled to decide it upon its proper principles.
It seems to us that the parol evidence ought not to have been received; for the acts of a Court can be proved only by its records. That evidence is therefore laid aside.
The question rests upon the construction proper to be put upon the minutes of the Court. We are satisfied that it is to be taken as a present grant of…
2Cited by4 opinions
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- Norfolk Southern Railroad v. ReidSupreme Court of North Carolina · 1924
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