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12 N.C. 346

Barnes v. . Dickinson

Supreme Court of North Carolina

Decided December 5, 1827

Supreme Court of North Carolina · decided 1827-12-05

From Wayne. Detinue, tried before his itonor, Judge Donnere, and aft, r a verdict for the Defendant, the Plaintiff moved for a new trial upon the following grounds : 1st. That one Cooke, who had been examined as a witness .for the Defendant, was interested in the event of the cause, and that this interest was not discovered by the Plaintiff, until after the Jury had returned their verdict. • 2d. That the Deposition of oue Rebecca.

Cited by 1 later decisions — most recently December 1828

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1827-12-05

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Hax.Ii, Judge.

¶1 It does not appear that Cooke had such an interest in the cause as to render him incompetent.

¶2 As to what Rebecca Hicks tol$ the Plaintiff, relative to her deposition, he had ample time to avail himself of it (if that could be done) on the trial ¿ he might also then have objected to her deposition, because it was in the handwriting of Cooke, if that objection would have availed him. I think the Judge did right in not granting a new trial for these reasons.

¶3 Per Curiam. — Judgment affirmed.

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