Meredith v. . Kent's

Objected by Lowther, for the plaintiff, who opposed the introduction of the testimony totis viribus, upon the ground that this was not the best evidence; as the witness might have been and was actually summoned in the cause, whilst in the State. Cited: Kinzey v. King, 28 N.C. 78; Stern v. Herren, 101 N.C. 519;State v. Means, 175 N.C. 823.(53)