Mourning v. Davis.

Superior Court of North Carolina

Mourning v. Davis.

3 N.C. 219

CourtSuperior Court of North Carolina

DecidedJuly 5, 1802

StatusPublished

Cited by2 cases

This text of 3 N.C. 219 (Mourning v. Davis.) is published on Counsel Stack Legal Research, covering Superior 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

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

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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,

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Bluebook (online)

3 N.C. 219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mourning-v-davis-ncsuperct-1802.

Opinion

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