Arrington's administrator v. Coleman
3 N.C. 300
Opinion
ftTHEN the trial came on, the plaintiff was about to read two * ” depositions of one Philips and his wife, which were essential in the cause, and it ivas objected that Philips, the witness, was a surety for the costs of the suit; whereupon his testimony was rejected. The plaintiff moved fora new trial, on the ground of surprize ; and M-Cay, judge, rejected .his motion without hesitation.
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Arrington's administrator v. Coleman, 3 N.C. 300 (N.C. Ct. App. 1804).
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