Supreme Court of North Carolina, 1847

State v. . Gherkin

State v. . Gherkin
Supreme Court of North Carolina · Decided June 5, 1847 · Daniel
29 N.C. 206

Counsel

Attorney General, for the State., Heath, for the defendant, submitted the following argument :

State v. . Gherkin

Opinion of the Court

Daniel, J,

A subscribing witness is not material to the due making of a bond. The putting of the name of Stubbs to the instrument, as a subscribing witness, did not vitiate the bond, after it was subsequently delivered by the obligors to the obligee. The bond could have been established (if denied by the obligors) by proof of their hand-writing. Blackwell v. Lane, 4 Dev. & Bat. 113. It was not an alteration In a material part of a true document, by which the obligee was or could be defrauded of the money mentioned in the face of the bond. We think the judgment was right.

Tee. Cukiaiu-Judgment affirmed.

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