TaiLexi AI U.S. Case Law

Devries Co. v. Phillips and Haywood

W. Devries Co. v. . E. L. Phillips and Moses Haywood.

Devries Co. v. Phillips & Haywood, 63 N.C. 207 (1869)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of North Carolina · State Highest Courts
Decided
January 5, 1869
Judges
Pearson
Citations
63 N.C. 207
Headnotes
mere collateral declaration as to a past transaction is not admissible as part of the res gestee; therefore, where one whilst engaged in renting a store room, and arranging for removing goods thereto, stated that “he had bought some goods from Mr. Haywood,” held to be inadmissible.
Summary
ORIGINAL ATTACHMENT (S. C. ante 53) tried before Bux-ton, J., at Fall Term 1868 of the Superior Court of Cumberland. Upon the trial of an interplea involving the title of one Jernigan to the goods attached, one John H. Cook was examined as a witness for the plaintiff, and amongst other things said that in December 1866 Jernigan (who since has died) ■came to the house of the witness, and stated that he had bought some goods of Mr. Haywood, and wanted to rent a place in the store of the witness to put them in; that witness rented the store room to him, and loaned him some goods boxes, and he came that day with the goods, Ac. ■ The defendants excepted to this evidence, but it was admitted by the Court. Verdict for the plaintiffs; Rule for a new trial; Rule discharged, Judgment and Appeal.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Pearson

Pearson, C. ,J.

That part of the testimony of Cook, in. which he says:

“ Jernigan stated that he had bought some-goods of Mr. Haywood” was not admissible, and it was error not to rule it out. This was a mere collateral declaration, as-to a past transaction, and cannot, in any point of view, be considered as a part of the act, to-wit: that Jeringan went to Cook, and rented from him the front part of the store, and. borrowed some boxes to put goods in, and came that day with the goods. His saying, “ he wanted to rent the store to put. some goods in,” was a part of the act, but what he said about, having bought the' goods of Haywood, although it occurred, at the same time, was accidental and collateral: and its truth or falsehood • depended entirely upon his personal veracity-The ruling in State v. Dula, Phil. 211, and the reasoning in that case is so apposite to this question, that it is unnecessary to do more than- to adopt it as our opinion in this case. The only difference is, that there the collateral declaration followed, here it preceded, the act, and, on that account, it was. rather more difficult to separate it; but the principle is the same, and it was the duty of the Court to separate it, and rule it out, so that the jury should not give any weight to it.

For this error, there must be a venire de novo.

It is noHt necessary to notice the other points.

Peb Curiam.

Venire de novo.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1953: 119532026peak 1953 · 1

Relies on it most ⓘ

  1. Hunt ex rel. Hunt v. Wooten76 S.E.2d 326 (N.C. 1953)

Most recent

  1. Hunt ex rel. Hunt v. Wooten76 S.E.2d 326 (N.C. 1953)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list