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MEREDITH v. KENT'S

Superior Court of North Carolina HALIFAX

Oct 1, 1792

Judgment

CaseIQ

The deposition of a witness residing in another state may be read, though he be in the State at the time of trial, and has been summoned in the cause while in the State.

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.

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.

Cited: Kinzey v. King, 28 N.C. 78; Stern v. Herren, 101 N.C. 519; State v. Means, 175 N.C. 823.

(53)