Stocks v. Cannon.
Supreme Court of North Carolina
ActioN by S. A. Stocks against Jesse Cannon and J. S. Cox, Executors of T. C. Cannon, heard by Judge J. L. Webb and a jury, at the April Term, 1905, of the Superior Court of Pitt County. Erom a judgment for the plaintiff, the defendants appealed. This is an action to recover for services alleged to have been rendered to the testator of the defendants.
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ActioN by S. A. Stocks against Jesse Cannon and J. S. Cox, Executors of T. C. Cannon, heard by Judge J. L. Webb and a jury, at the April Term, 1905, of the Superior Court of Pitt County. Erom a judgment for the plaintiff, the defendants appealed. This is an action to recover for services alleged to have been rendered to the testator of the defendants. Plaintiff was introduced as the first witness for himself and testified as follows: Q. You are the plaintiff in this action? A. Yes. Q. Where did you work, from April 1, 1901, to April 27, 1904, and what class of work did you do? (Defendants…
1Opinion of the Court
Walker, J.,
after stating the case: The testimony of the plaintiff to which the defendants objected was incompetent. It is clear to us that it related to a transaction and perhaps to a communication with the deceased. It is true the witness did not state in so many words that he had rendered any ser* vices to the testator, but that he had is plainly implied in the questions and answers. It would have been futile to ask the witness about services he had not rendered to the deceased, as the question being tried was whether he had rendered services to him and the value of any services so…
2Cases cited2 opinions
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3Cited by12 opinions
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