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92 N.C. 10

Burnett v. . Savage

Supreme Court of North Carolina

Decided February 5, 1885

Supreme Court of North Carolina · decided 1885-02-05

This was a civil action tried before Gilmer, Judge, and a jury at Spring Term, 1883, of Edgecombe Superior Court.

Good law ✅— No negative treatment on recordhow we know

Decided 1885-02-05

How this case has been cited

Cited by 4 later decisions — most recently December 1957

4 state decisions

2018851890190019101920193019401950decided

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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Ashe, J.,

¶1 after stating the case: The only question presented by the record is, did his Honor commit an error in admitting the evidence given by the plaintiff and excepted to by the defendant. We are of the opinion he did not. It is provided by section 590 of The Code that a party to a suit interested in the suit shall not be examined as a -witness in his own behalf against the executor of a deceased person, concerning a personal transaction or communication between the witness and the deceased person... But to this there is an exception, Avhen the executor is examined in his own behalf concerning the same transaction or communication. In such a case the defendant opened the door by his own *12 evidence as to such transaction; the matter-is set at large and the plaintiff’s contradictory testimony becomes competent. Hawkins v. Carpenter, 85 N. C., 482; Murphy v. Ray, 73 N. C., 588.

¶2 The ruling of the court below was so manifestly correct as not to admit of a doubt. There is no error.

¶3 The judgment of the superior court is affirmed.

¶4 No error. Affirmed.

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