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24 N.C. 234

Cox v. . Wilson

Supreme Court of North Carolina

Decided June 5, 1842

Supreme Court of North Carolina · decided 1842-06-05

This was an appeal from the judgment of the Superior Court of law of Pitt county, at Spring Term, 1842, his Honor Judge Settle presiding. The plaintifis brought a suit to recover certain property, a part of which had belonged, as was alleged, to one Buth Wilson, wjro was dead, and whose administrator was a party plaintiff. On the trial of the issue, the plaintiffs offered as a witness in their behalf Daniel Wilson, one of the distributees of the said Ruth Wilson.

Cited by 1 later decisions — most recently August 1847

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1842-06-05

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Daniel, J.

¶1 John Cox, as administrator of Ruth Cox) sued to recover the slaves mentioned in the declaration; and he offered, as a witness, Daniel Cox, a brother, and one of the next of kin of his intestate. The defendant objected, *235 and the court refused to admit him as a witness. This was right in the judge; for Daniel Wilson was directly interested that the plaintiff should recover in the action, so that the intestate’s estate might be increased, and his distributive share of that estate enlarged. Secondly; James Wilson another brother, and one of .the next of kin of the intestate Ruth Wilson, was offered as a witness by the defendant. The plaintiff objected, but the court admitted him as a witness. And' we think that this was also correct in the court. It is a general rule, that all witnesses interested in the event of a cause are to be excluded from giving evidence in favor of the party, to which their interest inclines them. But a witness is competent, when called on to testify by a party, against whom he is interested; or, in other words, a witness is competent when swearing against his own interest. Birt v Wood, 1 Esp. R. 20. 1 Johns. Reports 59. 3 Binney 336. 2 Mum. R. 49. The other party may then cross-examine the witness as to all matters pertinent to the issue on trial. Webster v Lee, 5 Mass. Rep. 334. We think that the judgment must be affirmed.

¶2 Per Curiam, Judgment affirmed.

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