Ward v. . Martin
Supreme Court of North Carolina
Civil actioN pending in Superior Court of Robeson County. The' plaintiff having filed his verified complaint, moved in the cause for an-order to examine defendant before the clerk prior to trial under Revisal,. secs. 865, 866. The clerk made the order and the defendant moved to vacate the same. The motion was denied and defendant appealed to the-Superior Court. His Honor Judge Bond affirmed the order of the clerk,. October Term, 1917, and defendant appealed.
1Opinion of the CourtBeoww, J.
The grounds upon which the motion to vacate the order is based are: (1) That the order would allow plaintiff to examine defendant as to his private affairs immaterial to the matters in controversy. (2) That the complaint and affidavit indicate the purpose of' plaintiff to secure from defendant evidence of an incriminating character tending to convict him of a crime, in violation of his constitutional rights.
We recognize the general principle that where no. statutory immunity is given, a party to an action cannot be compelled to testify to matters-that manifestly tend to convict him of a…
2Cases cited3 opinions
- Vann v. . LawrenceSupreme Court of North Carolina · 1892
- Holt v. Southern Finishing & Warehouse Co.Supreme Court of North Carolina · 1895
- Pender v. . MallettSupreme Court of North Carolina · 1898
3Cited by14 opinions
- Stanback v. StanbackSupreme Court of North Carolina · 1975
- Allred v. GravesSupreme Court of North Carolina · 1964
- Bohannon v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1936
- Knight v. . LittleSupreme Court of North Carolina · 1940
- Newcomb v. County of CarteretCourt of Appeals of North Carolina · 2010
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