Wayne County NcArchives Court.....Turner Dickinson, James Barnes V. 1827
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File contributed for use in USGenWeb Archives by:
Guy Potts http://www.genrecords.net/emailregistry/vols/00017.html#0004214 June 18, 2008, 11:22 pm

Source: Nc Reports – Nc Supreme Court - December Term
Written: 1827

John Barnes v. Turner Dickinson - From Wayne.

DETINUE, tried before Donnell, J., and after a verdict for the defendant, the 
plaintiff moved for a new trial upon the following grounds:

1. That one Cooke, who had been examined as a witness for the defendant, was 
interested in the event of the cause, and that this interest was not 
discovered by the plaintiff until after the jury had returned their verdict.
2. That the deposition of one Rebecca Hicks had been read for the defendant, 
which was in the handwriting of the witness Cooke.
3. That the witness Rebecca Hicks had declared to the plaintiff before the 
trial of the suit that she was illiterate and knew nothing of the contents of 
the deposition.

The defendant filed the affidavit of Cooke, the witness, who swore that the 
only way in which he was interested in the cause arose from the fact that his 
father was the bail of the defendant, and that his father was still alive. His 
Honor discharged the rule, and the plaintiff appealed.

Gaston for the plaintiff.
Badger for the defendant.

Hall, J. It does not appear that Cooke had such an interest in the cause as to 
render him incompetent. As to what Rebecca Hicks told the plaintiff relative 
to her deposition, he had ample time to avail himself of it (if that could be 
done) on the trial; he might also then have objected to her deposition, 
because it was in the handwriting of Cooke, if that objection would have 
availed him. I think the judge did right in not granting a new trial for these 
reasons.

Per Curiam – No error – 
Cited: Taylor v. Vick, 16 N.C., 273; Bible Society v. Hollister, 54 N.C., 14.


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