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3 N.C. 98

Scott v. M'Donald

Superior Court of North Carolina

Decided April 15, 1799

Superior Court of North Carolina · decided 1799-04-15

Decided 1799-04-15

fOORE, Justice.

¶1the jury for the defendant. It is not conclusive, however, they to it only the credit it deserves.

¶2the the shall be in evidence to

¶3This being an issue in an equity cause,

*99Haywood, Justice-

¶4It should not be given to them as evidence. Requiring the oath of the defendant, is not for the purpose of making evidence for himself, but in order to compel him to confess for the benefit of the complainant, what otherwise perhaps he could not prove.

¶5Vide 3 Atk. 407. 1 E. Ca. 229, s. 13. 2 Vern. 554. Powell On Contracts, 291.

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