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Meredith v. Kent's

Meredith v. Kent's Ex'rs. &8212 1 Mart., 28.

Meredith v. Kent's, 1 N.C. 52 (1792)
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Court
Superior Court of North Carolina · State Appellate Courts
Decided
October 5, 1792
Judges
But McCOY, J., declared it to be the settled practice to admit the deposition absolutely; as by the residence of the witness in another State, there could be no forfeiture for nonattendance, though summoned.
Citations
1 N.C. 52

Opinion of the Court

Objected by Lowther , for the plaintiff, who opposed the introduction of the testimony totis viribus , upon the ground that this was not the best evidence; as the witness might have been and was actually summoned in the cause, whilst in the State. Cited: Kinzey v. King , 28 N.C. 78 ; Stern v. Herren , 101 N.C. 519 ; State v. Means , 175 N.C. 823 . *Page 58

(53)

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Authorities cited 1

DepthCaseCited by
Stern & Co. v. Herren, 8 S.E. 221 (N.C. 1888) 2

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