The Court below did right in refusing to admit the Defendant’s answer to be read in evidence. Let the rule be discharged.
Cartwright v. Godfrey, 5 N.C. 422, 1 Mur. 422 (1810)
July 1810
·
Supreme Court of North Carolina
5 N.C. 422, 1 Mur. 422
Jesse Cartwright v. Jesse Godfrey and others.
From Camden.
Upon the trial of issues of fact in a suit in Equity, a motion to read in evidence in his behalf Defendant’s answer, which had been replied to, and its allegations disproved by more than one witness, was -disallowed.
Complainant filed a bill in Equity, to which Defendant put in his answer, which was replied to, and depositions were taken. The allegations of the answer were contradicted by more than one witness ; and upon the trial of the issues of fact in the cause, it was moved on behalf of the Defendant, that his answer be read in evidence in his behalf. The motion was overruled, and the Jury found for the Complainant, upon the issues submitted to them. Defendant obtained a rule for a new trial upon the issues, on the ground that his answer ought to have been admitted as evidence. The rule was sent to this Court 5 and,