Smith v. . Smith
Supreme Court of North Carolina
Civil ACTION, tried on appeal from a justice of the peace, before Connor, Judge, at August Term, 1886, of OkaNGE Superior Court. There was a judgment for the plaintiff, and the defendant appealed. The facts appear in the opinion.
1Opinion of the CourtSmith, C. J.
The present action was begun on June 22d, 1886, before a justice of the peace, and by the defendant’s appeal removed to the Superior Court of Orange county, and is upon three several bonds for the payment of money, made by Calvin, the intestate of the defendant, in the years 1849, 1852 and 1857. The defence set up in the answer is payment, in support of which the defendant relies on the •statutory presumption by the lapse of time.
To rebut the presumption, besides other evidence of admissions of the deceased debtor, the plaintiff introduced the defendant himself, and, after objection to his…
2Cases cited1 opinion
- Waddell v. . SwannSupreme Court of North Carolina · 1884