Den on Demise of Smith v. Low

Supreme Court of North Carolina

Den on Demise of Smith v. Low

27 N.C. 197

DecidedDecember 5, 1844

StatusPublished

This text of 27 N.C. 197 (Den on Demise of Smith v. Low) 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

Den on Demise of Smith v. Low, 27 N.C. 197 (N.C. 1844).

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Opinion

Daniel, J.

We are of opinion that the decision of the Judge was right. The records of a .court, professing to state the judicial transactions of the said court itself, cannot be contradicted by parol evidence or any other proof, for they import verity in themselves. Bui the acts and doings out of court of a ministerial officer, as the clerk in issuing writs, constables and sheriffs in making returns on warrants, writs, &c., although required by law to be returned into a court of record, are only prima facie to be taken as true, and are not conclusive evidence of the truth of the things they write ; they may be contradicted by any evidence, and shown to be false, ante, dated, &c.

Per Curiam, Judgment affirmed.

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Daniel, J.

We are of opinion that the decision of the Judge was right. The records of a .court, professing to state the judicial transactions of the said court itself, cannot be contradicted by parol evidence or any other proof, for they import verity in themselves. Bui the acts and doings out of court of a ministerial officer, as the clerk in issuing writs, constables and sheriffs in making returns on warrants, writs, &c., although required by law to be returned into a court of record, are only prima facie to be taken as true, and are not conclusive evidence of the truth of the things they write ; they may be contradicted by any evidence, and shown to be false, ante, dated, &c.

Per Curiam, Judgment affirmed.

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Bluebook (online)

27 N.C. 197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/den-on-demise-of-smith-v-low-nc-1844.