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THE STATE v. JAMES GHERKIN.

Falsely putting a witness's name to a bond which is not required to have a subscribing witness does not vitiate the bond and is not forgery.

DANIEL, J.

A subscribing witness is not material to the due making of a bond. The putting of the name of Stubbs to the instrument as a subscribing witness did not vitiate the bond, after it was subsequently delivered by the obligors to the obligee. The bond could have been established (if denied by the obligors) by proof of their handwriting. Blackwell v. Lane, 20 N.C. 245. It was not an alteration in a material part of a true document by which the obligee was or could be defrauded of the money mentioned in the face of the bond. We think the judgment was right.

PER CURIAM. Affirmed.

(210)

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STATE v. GHERKIN
(Jun 1, 1847)