Irving vs. Irving

3 N.C. 1

• Court: Superior Court of North Carolina
• Decided: September 5, 1797
• Status: Published

Opinion

Per curiam,

Wieliams and Haywood, Judges.

The practice of taking an answer upon a commission filled op by the defendant with the name of a commissioner is a dangerous one j as the defendant may name a man who will certify an answer as sworn to when in truth it was not. Such abuses have been committed with respect to commissioners to take testimony. Tut as this answer was taken before the Chief Justice of one of the districts of Maryland, and as the practice has been to receive answers taken before persons authorised by the laws of the country where taken to administer oaths, it is better to adhere to that practice than now to alter it.

Let the answer be read.