Mourning v. Davis.

Superior Court of North Carolina

Mourning v. Davis.

3 N.C. 219

Superior Court of North Carolina·Decided July 5, 1802·Published·Cited by 2 cases

Opinion

Taylor, judge,

I will not alter the practice, and the witness must be sworn, but I can perceive that cases may happen, where its reception vviil be attended with inconvenience; as where a witness ts produced, to swear to a material fact, which had n< >t, beee, sworn to before, the other party is taken by surprise ; and per--haps had he been apprized in time, he would have- disproved its or discredited the witness.

The evidence was received, and a.decree founded.upon ifc,

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Taylor, judge,

I will not alter the practice, and the witness must be sworn, but I can perceive that cases may happen, where its reception vviil be attended with inconvenience; as where a witness ts produced, to swear to a material fact, which had n< >t, beee, sworn to before, the other party is taken by surprise ; and per--haps had he been apprized in time, he would have- disproved its or discredited the witness.

The evidence was received, and a.decree founded.upon ifc,

Mourning v. Davis., 3 N.C. 219 (N.C. Ct. App. 1802).

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Opinion

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