2 N.C. 439
Supreme Court of North Carolina
Decided January 15, 1816
Supreme Court of North Carolina · decided 1816-01-15
This was an action to recover the penalty given by act of Assembly for turning public roads; and on the trial, the plaintiff proved by the records of the County Court, that an order issued in 1799, for a jury to lay off a road from the Fishdam ford on the South fork of the Catawba, to the road leading from Lincolnton to the Island ford: That they returned, “ they had laid off a road from the South fork, crossing Clerk’s creek at the old bridge place, to the road leading from…
Decided 1816-01-15
¶1delivered the judgment of the Court:
¶2No principle of law in relation to evidence, is better settled, than that parol testimony in contradiction of matters of record is inadmissible. The testimony offered by defendant was in contradiction of the records of the County Court of Lincoln, confirming the report of the jury, and the road laid out by them. Such testimony was properly rejected by the presiding judge. Motion for new trial overruled.—Judgment for plaintiff.