In Re Will of Abee
Supreme Court of North Carolina
Issue devisavit vel non, tried before Quion, J., and a jury, at June Term, 1907, of tbe Superior Court of Bubee County. Verdict and judgment for propounders, and appeal by caveators, wbo assigned for error: 1st. That bis Honor declined to allow tbe caveators to recall a witness, one Mr. Eeece, to testify on a matter as to wbicb be bad been already examined. 2d. That tbe Judge beld that there was no evidence tending to establish undue influence.
1Opinion of the CourtHoKb, J.
Tbe court below refused to allow tbe caveators to recall for further examination tbe witness W. B. Eeece, as to a conversation bad between tbe witness and tbe testator, in reference to wbicb, as stated in tbe case on appeal, “be bad testified and, having been recalled, had again testified.” Our decisions are to the effect that this matter of recalling witnesses for further examination is in the discretion of the Judge presiding .at the trial, and his action in this respect is not open to review. Sutton v. Walters, 118 N. C., 495; Olive v. Olive, 95 N. C., 485.
It is contended by appellants…
2Cases cited5 opinions
- Paine v. . RobertsSupreme Court of North Carolina · 1880
- Sutton v. . WaltersSupreme Court of North Carolina · 1896
- Olive v. . OliveSupreme Court of North Carolina · 1886
- Wright v. . HoweSupreme Court of North Carolina · 1860
- Marshall v. . FlinnSupreme Court of North Carolina · 1856
3Cited by18 opinions
- In Re Will of CravenSupreme Court of North Carolina · 1915
- King v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- In Re Will of TurnageSupreme Court of North Carolina · 1935
- In Re Will of BroachSupreme Court of North Carolina · 1916
- In Re the Will of ThompsonSupreme Court of North Carolina · 1958
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