3 N.C. 219
Superior Court of North Carolina
Decided July 5, 1802
Superior Court of North Carolina · decided 1802-07-05
'jpHIS cause came on to be heard, on bill, answer, and áeposh •*- tions, without a jury, which was dispensed with by con» sent. offered the evidence of a witness then present, and prayed that he might be sworn; this was objected to, and it was said that Judge Johnston at last Wilmington court, would not receive such testimony offered by Haywood, in the case of Walker and Ashe, It was answered, it was true judge Johnston would not receive St, nor recognise the practice us…
Cited by 2 later decisions — most recently November 1989
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1802-07-05
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¶1 I will not alter the practice, and the witness must be sworn, but I can perceive that cases may happen, where its reception vviil be attended with inconvenience; as where a witness ts produced, to swear to a material fact, which had n< >t, beee, sworn to before, the other party is taken by surprise ; and per--haps had he been apprized in time, he would have- disproved its or discredited the witness.
¶2 The evidence was received, and a.decree founded.upon ifc,