Saunders v. Gilbert
Supreme Court of North Carolina
Appeal from Jusiice, Jat Spring Term, 1911, of Pasquo-TAKK. These are actions, one by the plaintiff, W. 0. Saunders, and the other by his wife, Columbia Saunders, against the defendant for trespass and assault. They were consolidated and tried together, resulting in a verdict and judgment for the plaintiffs, from which the defendant appealed.
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Appeal from Jusiice, Jat Spring Term, 1911, of Pasquo-TAKK. These are actions, one by the plaintiff, W. 0. Saunders, and the other by his wife, Columbia Saunders, against the defendant for trespass and assault. They were consolidated and tried together, resulting in a verdict and judgment for the plaintiffs, from which the defendant appealed. As the parties differ materially as to the nature of the evidence, it becomes necessary to state it at some length, all of it having been introduced by the plaintiffs. The plaintiff, Columbia Saunders, testified; “I- live on Cypress Street, and.have…
1Opinion of the Court
WalkeR, J.,
after stating the case: The testimony as to what was said in the road and in front of the plaintiff’s home was clearly competent. The res gestae includes what was said as well as what was done. The acts and the outcries of this unlawful assembly — for that is, in plain speech and in law, what it was — is held to be competent as pars rei gestae, and also as tending to show their purpose or quo- animo. Nothing is better settled than this rule of evidence. S. v. Rawls, 65 N. C., 334; S. v. Worthington, 64 N. C., 594. We find it stated in 4 Elliott on Evidence, sec. 3128, that “What is…
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- Simmons v. Davenport.Supreme Court of North Carolina · 1906
- State v. . RawlesSupreme Court of North Carolina · 1871
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