Cline v. . Lemon

Supreme Court of North Carolina

Cline v. . Lemon

4 N.C. 323

CourtSupreme Court of North Carolina

DecidedJanuary 5, 1816

StatusPublished

Cited by3 cases

This text of 4 N.C. 323 (Cline v. . Lemon) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cline v. . Lemon, 4 N.C. 323 (N.C. 1816).

Pincite

Opinion

If the evidence offered by defendant was improperly rejected by the court, then a new trial to be granted; if properly rejected, judgment for plaintiff. No principle of law in relation to evidence is better settled than that parol testimony in contradiction of matters of (324) record is inadmissible. The testimony offered by defendant was in contradiction of the records of the county court of Lincoln, confirming the report of the jury and the road laid out by them. Such testimony was properly rejected by the presiding judge.

Motion for new trial overruled.

Judgment for plaintiff.

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If the evidence offered by defendant was improperly rejected by the court, then a new trial to be granted; if properly rejected, judgment for plaintiff. No principle of law in relation to evidence is better settled than that parol testimony in contradiction of matters of (324) record is inadmissible. The testimony offered by defendant was in contradiction of the records of the county court of Lincoln, confirming the report of the jury and the road laid out by them. Such testimony was properly rejected by the presiding judge.

Motion for new trial overruled.

Judgment for plaintiff.

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Bluebook (online)

4 N.C. 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cline-v-lemon-nc-1816.

Opinion

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