He may be examined on an issue tried by a jury, but in qo other .case.
Walker v. Ashe, 3 N.C. 181, 2 Hayw. 181 (1802)
May 1802
·
North Carolina Superior Court
3 N.C. 181, 2 Hayw. 181
Walker vs. Ashe.
iT'HIS was a bill in equity, and the counsel on both sides agreed -*■ to leave to the court the whole cause, and not to impanel a jury as to the contested facts. In the course of the hearing, Wal-iccrsds counsel offered a witness to be examined.