64 N.C. 312
Supreme Court of North Carolina
Decided January 15, 1870
Supreme Court of North Carolina · decided 1870-01-15
Assumpsit, tried before Cloud, J., at Fall Term 1869 of ÉOWAN Court. Upon the trial, the plaintiff was introduced and testified, without objection, as to a conversation between himself and the testator in regard to the cause of action; upon his cross-examination he was asked if he were not plaintiff, and if Isaac T. Avery, the testator of the defendant, were not dead.
Good law ✅— No negative treatment on recordhow we know
Decided 1870-01-15
Cited by 5 later decisions — most recently August 1996
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The plaintiff was an incompetent witness to any transaction or communication with the testator of the defendant: C. C. P. § 343; Whitesides v. Green, Admr. decided at this term: hut the objection was waived, by not being taken in due time. An objection must be taken as soon as its existence becomes known: 1 Stark. Ev. 114; 1 Greenl. Ev. 461. The introduction of the defendant after-wards cannot affect this case.
¶2Pee Curiam:. Judgment affirmed.