Sutton v. . Walters
Supreme Court of North Carolina
This is an action eoe debt by the plaintiff, Junius E. Sutton, administrator of Thomas Sutton, deceased, against John D. Walters, Alex. Sutton and Shade Wooten & Company, tried before his Honor, Jxidge A. W. Graham, and a jury, at the Special Term of the Superior Court for Lenoijr County, held in January, 1896. The plaintiff declared on a note under seal executed by the defendants, John D. Walters and Alex.
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This is an action eoe debt by the plaintiff, Junius E. Sutton, administrator of Thomas Sutton, deceased, against John D. Walters, Alex. Sutton and Shade Wooten & Company, tried before his Honor, Jxidge A. W. Graham, and a jury, at the Special Term of the Superior Court for Lenoijr County, held in January, 1896. The plaintiff declared on a note under seal executed by the defendants, John D. Walters and Alex. Sutton, to the defendants, Shade Wooten & Co., and indorsed, in blank, .by Shade Wooten & Co. to plaintiff’s intestate, Thomas Sutton. Said note is in the following words and figures:…
1Opinion of the Court
Clark, J.:
The exceptions based upon the incompetency of John I). Walters as a witness under Section 590 of The Oode are without merit. That Section was analyzed and discussed in Bunn v. Todd, 107 N. C., 266, which has been since cited several times with approval. By reference to that decision, and indeed to the very words of the statute, it will be seen that -though the witness, John D. Walters, is a party to this action and is testifying as to a personal transaction between himself and the intestate of the plaintiff,-this disqualifies him only to testify “ in behalf of himself or a person…
2Cases cited8 opinions
- Bunn v. . ToddSupreme Court of North Carolina · 1890
- State v. . KigerSupreme Court of North Carolina · 1894
- Pain v. . PainSupreme Court of North Carolina · 1879
- State v. . KingSupreme Court of North Carolina · 1881
- Forbes v. . SheppardSupreme Court of North Carolina · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. WilsonSupreme Court of North Carolina · 1897
- Lloyd v. North Carolina RailroadSupreme Court of North Carolina · 1909
- Helsabeck v. . DoubSupreme Court of North Carolina · 1914
- In Re Will of AbeeSupreme Court of North Carolina · 1907
- State v. . HarrisSupreme Court of North Carolina · 1897
17 more not listed; retrieve them via the Exa API.