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1 N.C. 43

Cox v. Dove

Superior Court of North Carolina

Decided March 15, 1796

Superior Court of North Carolina · decided 1796-03-15

TRESPASS To clausum fregit, and non culpabilis pleaded. To prove the entry, a negro slave was called and offered to be sworn. But, the Court [Williams, J. saying he never heard such a thing asked: Haywood, J. tacente] refused to admit the witness; although the defendant was stated to be a negro, 2, 1777, 2, 42, 307.

Decided 1796-03-15

¶1The Court,

Haywood, J. and Stone, J.

¶2nevertheless permitted the letter to be read: on the authority of a case cited out of Buller’s Nisi Prius, 90. Hatton & Neale, per Jones, C. J. 1683.

¶3The plaintiff proved a trespass committed by cutting timber, and had a verdict.

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