Marcom v. . Adams

Citations

• 29 S.E. 333
• 122 N.C. 222
• 1898 N.C. LEXIS 230

Syllabus

<p>Trial — Improper Remarks of Trial Judge — Evidence— Recital in Deed — Character of Defendant.</p> <p>1. Where, on the trial of an action, the plaintiff objected to the defendant’s showing that the recital of payment in a deed introduced by himself was untrue, the trial Judge remarked to defendant’s counsel, “The plaintiff seems to have put you in a hole. I would be glad to help you if I could;” Held, that such remark was ob-jectional under Section 413 of The Code, forbidding any expression upon the weight of the evidence.</p> <p>2. The acknowledgment in a deed of the payment of the purchase money, not being contractual but only a receipt, is only prima facie evidence and evidence to contradict it may be offered by a party introducing the deed.</p> <p>3. Where a defendant in an action has neither been examined as a witness nor his character has been called into question by the nature of the action, the plaintiff will not be allowed to impeach his character either generally or by specific charges of criminal or corrupt acts tending to impeach it.</p>