Burnett v. . Savage

92 N.C. 10

• Court: Supreme Court of North Carolina
• Decided: February 5, 1885
• Status: Published

Opinion

Ashe, J.,

after stating the case: The only question presented by the record is, did his Honor commit an error in admitting the evidence given by the plaintiff and excepted to by the defendant. We are of the opinion he did not. It is provided by section 590 of The Code that a party to a suit interested in the suit shall not be examined as a -witness in his own behalf against the executor of a deceased person, concerning a personal transaction or communication between the witness and the deceased person... But to this there is an exception, Avhen the executor is examined in his own behalf concerning the same transaction or communication. In such a case the defendant opened the door by his own evidence as to such transaction; the matter-is set at large and the plaintiff’s contradictory testimony becomes competent. Hawkins v. Carpenter, 85 N. C., 482; Murphy v. Ray, 73 N. C., 588.

The ruling of the court below was so manifestly correct as not to admit of a doubt. There is no error.

The judgment of the superior court is affirmed.

No error. Affirmed.