Hodges v. . Hodges

Citations

• 11 S.E. 364
• 106 N.C. 374

Syllabus

<p>Evidence — Hearsay—Infant—Deed—Ante Litem, Motam — New Trial.</p> <p>1. It was material to inquire, in a civil action to recover land, if one H. was an infant at the time she executed a certain deed in 1862. To prove she was not, plaintiff offered evidence of one who heard his mother say that H. was born in 1845. It was not shown that the declarations were made ante litem motam, or that the person’ making them was dead: Held, that such evidence was not admissible, and its admission entitles the party injured to a new trial.</p> <p>2. Where these preliminary facts (if facts) are not shown, specific objection is not required — mere general objection is sufficient.</p>