Anonymous, 3 N.C. 74, 2 Hayw. 74 (1799)

March 1799 · North Carolina Superior Court
3 N.C. 74, 2 Hayw. 74

Anonymous

HpflE counsel stated to the court, that he wished to read a deposition which had been taken for his client, upon the ground that the witness was unable to attend court, and offered to prove that fact by his client.

Moore, Justice.

if that has been the practice it is improper ? that fact should be proven by some disinterested person.

Hayxvood, Justice.-

-The practice has been heretofore settled in this court, that such fact should be proven by indifferent testimony, and uot by the party offering to read the deposition.

The clients oath refused.