Legal Opinion

State Ex Rel. Underwood, Marsh & Co. v. Parks

Supreme Court of North Carolina

Decided June 5, 1843PublishedCited by 22 opinions

Appeal from the Superior Court of Law of Randolph County, at Spring Term, 1843, his Honor Judge Battle presiding. The action was on a Constable’s bond, to which the defendants pleaded “ conditions performed and not broken.” — ■ After the plaintiffs had made out a •prima facie case, the defendants, in support of their plea, introduced as a witness, one Tidence Lane, who testified, that, some time before the action was commenced, he saw the principal defendant pay to one of…

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Appeal from the Superior Court of Law of Randolph County, at Spring Term, 1843, his Honor Judge Battle presiding. The action was on a Constable’s bond, to which the defendants pleaded “ conditions performed and not broken.” — ■ After the plaintiffs had made out a •prima facie case, the defendants, in support of their plea, introduced as a witness, one Tidence Lane, who testified, that, some time before the action was commenced, he saw the principal defendant pay to one of the plaintiffs a sum of money larger than that now claimed by the plaintiffs. On the part of the plaintiffs, Jonathan…

1Opinion of the CourtGastoN, J.

It is essential to the uniform administration of justice, which is one of the best securities for its faithful administration, that the rules of evidence should be steadily observed. Among these, the rule, which regulates the admission of testimony, offered to impeach the character of a witness, is now so well established and so clearly defined, that a departure from it must be regarded as a violation of law. The witness is not to be discredited, because of the opinions which any person or any number of persons may have expressed to his disadvantage, unless such opinions have created or…

2Cited by22 opinions

  1. State v. . SmoakSupreme Court of North Carolina · 1938
  2. State v. McEachernSupreme Court of North Carolina · 1973
  3. Hunt v. EureSupreme Court of North Carolina · 1925
  4. State v. . NanceSupreme Court of North Carolina · 1928
  5. State v. SmoakSupreme Court of North Carolina · 1938

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