Ray v. . Marriner

The rule certainly is that when witnesses are examined to prove an interest in one who is offered as a witness, and fail in doing it, that the person offered cannot be examined in the voir dire. He cited 10 Mod., 193. But he said no witness had been examined to prove the interest in the present case; and, therefore, the person offered as a witness might be examined on the voir dire.

NOTE. — See, upon the first point, Sasser v. Herring, 14 N.C. 340.

This will being proved, cannot be given in evidence but by an attested copy, not by a sworn copy; not because an attested copy cannot be dispensed with where a sworn copy can be proved, but because, in the case of a will, the probate is the only regular proof.

The defendants offered a witness, to whom it was objected by plaintiff's counsel that he was interested, and that they would prove the interest. Upon inquiry, however, the witness to prove the interest was absent. They then proposed to examine him on the voir dire; and it was said by the plaintiffs they could not now examine upon the voir dire. *Page 338