Willis v. Brown's Executors

Decided September 15, 1795

Superior Court of North Carolina · decided 1795-09-15

Davie for the plaintiff, moved that a commission de bene esse might be read upon the plaintiff's affidavit, that the deponent was sick and unable to attend. The defendant objected to this: and

Good law ✅— No negative treatment on recordhow we know

Decided 1795-09-15

How this case has been cited

Cited by 4 later decisions — most recently May 1918

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1By the Court,

Williams, J. and Haywood, J.

¶2A party cannot entitle himself, by his own affidavit, to introduce this weaker kind of evidence. The disability of the deponent to attend the Court must be proved by indifferent testimony.

¶3And the deposition was set aside.