Superior Court of North Carolina, 1792

Meredith v. . Kent's

Superior Court of North Carolina · Decided October 5, 1792 · But McCOY, J., declared it to be the settled practice to admit the deposition absolutely; as by the residence of the witness in another State, there could be no forfeiture for nonattendance, though summoned.

1 N.C. 52

Opinion of the Court

Objected by Lowther, for the plaintiff, who opposed the introduction of the testimony totis viribus, upon the ground that this was not the best evidence; as the witness might have been and was actually summoned in the cause, whilst in the State. Cited: Kinzey v. King, 28 N.C. 78; Stern v. Herren, 101 N.C. 519;State v. Means, 175 N.C. 823. *Page 58

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Case-law data current through December 31, 2025. Source: CourtListener bulk data.