1 N.C. 41
Superior Court of North Carolina
Decided March 15, 1795
Superior Court of North Carolina · decided 1795-03-15
CASE on a promissory note. The plaintiff proved that the subscribing witness was not in the state, and offered to give evidence as to his hand-writing. But it appearing that the witness resided in the state, and was occasionally absent:
Cited by 1 later decisions — most recently January 1817
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1795-03-15
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¶1The Court,
¶2doubted of the propriety of admitting proof the hand-writing: saying testimony of that witness might be obtained at another term—that a commission might be taken and his deposition procured while he was in the state, and read, if he happened to be abroad at the time of trial.
¶3They recommended it to the counsel of both parties to consent to a juror being drawn,
¶4And on their agreeing thereto, it was accordingly done.