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3 N.C. 1

Irving vs. Irving

Superior Court of North Carolina

Decided September 5, 1797

Superior Court of North Carolina · decided 1797-09-05

rjpHIS was a bill in equity for an injunction to stay the ó .' ju- -*- dant from proceeding at law, and a commission bad issued to Maryland to take the answer of the defendant, the reading of which was now opposed by Mr. Martin, because the commi'-sion for taking the answer had issued with a blank for the name oí the commissioner, and had been filledupby the defendant or his conn-selafter it went from the office of the clerk and ruaste.: — He ten-tended that the commissioner…

Cited by 2 later decisions — most recently January 1816

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1797-09-05

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Per curiam, Wieliams and Haywood, Judges.

¶1 The practice of taking an answer upon a commission filled op by the defendant with the name of a commissioner is a dangerous one j as the defendant may name a man who will certify an answer as sworn to when in truth it was not. Such abuses have been committed with respect to commissioners to take testimony. Tut as this answer was taken before the Chief Justice of one of the districts of Maryland, and as the practice has been to receive answers taken before persons authorised by the laws of the country where taken to administer oaths, it is better to adhere to that practice than now to alter it.

¶2 Let the answer be read.

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