But
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 non attendance, though summoned.
Meredith v. Kent's Executors, 1 N.C. 28, 1 Mart. 28 (1792)
Oct. 1792
·
North Carolina Superior Court
1 N.C. 28, 1 Mart. 28
Edenton,
October Term, 1792.
MEREDITH versus KENT's EXECUTORS.
In the course of this trial it was moved by Stone, for the defendant, to read the deposition of a witness who resided in Georgia when it was taken, though he was in Bertie county at the time, and had been attending this court as a witness in the cause, but he was not now present.
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.