Austin v. Rodman.
Supreme Court of North Carolina
From Halifax. A suit pending between the parties was tried before Barde:. J. at April term, 11119, in which a verdict for a large suns of money had been rendered for the Plaintiff.
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From Halifax. A suit pending between the parties was tried before Barde:. J. at April term, 11119, in which a verdict for a large suns of money had been rendered for the Plaintiff. A rule hud been granted on the Plaintiff to shew cause why there should not be a new trial, returnable immediately ,* and the counsel of Bod-man urged his Honor several times in Court to hear the argument, but it pleased him to defer it from time to time, until late on Saturday evening, and he then said that he would hear it at his chamber on Saturday night. Accordingly, the counsel on both sides and the Defendant…
1Opinion of the Court
A record is a memorial of a court of justice, which the (75) law deems authentic above all contradiction. Its purity ought, therefore, to be guarded with anxious vigilance lest any entry should go forth to the public as the act of a court which has not in reality become such according to the forms of law. The certificate of the clerk as to the truth of a record would have been conclusive upon the issue of nul tiel record, and parol evidence to prove that it had not regularly become such would have been inadmissible. Yet, when the inquiry is now made as to the manner in which this apparent…
2Cases cited1 opinion
- Slocumb v. . AndersonSupreme Court of North Carolina · 1814
3Cited by1 opinion
- Doe Ex Dem. Taylor v. GoochSupreme Court of North Carolina · 1892