33 N.C. 576 | N.C. | 1850
The action is in assumpsit on a promissory note by the indorsee. The general issue was pleaded, but the execution of the instrument admitted. The note was made in Maryland, where the payers lived. To prove the indorsement, a deposition was offered in evidence, which was objected to, and several reasons assigned. The first was the insufficiency of the notice, in this, that it notified the defendant that the evidence of two witnesses, whose names were mentioned, "and others," would be taken; and that neither of the persons whose names were stated were examined; but others were, whose names were not stated. Secondly, because the witnesses were not examined on interrogatories; and, thirdly, because the clerk of the court, in passing upon the deposition, had given the defendant, or (577) his counsel, no particular notice of the time and place of passing on it. These objections were overruled. It was then objected by the defendant that there was no evidence that by the laws of Maryland, where the indorsement was made, such an instrument was negotiable. To answer this objection, the plaintiff offered in evidence a paper-writing, purporting to be a certified copy of an act of the General Assembly of that *395
State upon this subject; its reception was opposed, upon the ground that it was not certified according to law. His Honor being of a contrary opinion, it was received. There was a verdict for the plaintiff, and the defendant appealed. We concur with his Honor in his opinion as to the admission of the deposition in evidence. To support his first objection, the defendant's counsel cited Ninnot v. Bridgewater,
(579) The second exception to the deposition is properly abandoned.
The third is that the clerk passed upon the deposition without giving to the defendant or his counsel any particular notice of the time when, etc. The decision upon the first point renders it unnecessary to examine this objection.
In admitting in evidence the paper-writing purporting to be a copy of the law of Maryland there was error. It was not certified, as required, either by the laws of the United States or of North Carolina. For this error we should certainly direct a venire de novo, if it would serve any good purpose. Availing ourselves, as we have before done in other cases, and as we consider our duty to do, of the facilities furnished us by the vicinity of the office of Secretary of State, we are satisfied the copy upon the trial was a true and correct copy of the statute of Maryland upon the subject. We have been supplied with a copy of that law, certified as directed by the laws of this State. There is no complaint that the law of Maryland is not as stated by the judge in his charge. The complaint is that the evidence upon which his opinion was founded was insufficient and contrary to law. To what purpose grant a venire de novo, where we are satisfied that the law upon which the case turned has been correctly stated to the jury? Why send the case back to another jury, where the result must be the same? Interest reipublicae ut sit finis litium.
PER CURIAM. Judgment affirmed.
Cited: Grace v. Hannah,
(580)