Opinion
(March Term, 1790.)
After a party to a civil action has been convicted of a felony, his affidavit is still competent in support of a motion for a continuance.
Kimborough, at the last term, had got a dedimus protestatem to take the testimony of some persons. He had failed in getting the deposition, and the cause came on to trial; when his counsel filed an affidavit of his, to continue the cause. — It was objected that Kimborough had been convicted of passing counterfeited money, and had suffered punishment; this was admitted: but they argued that he ought to be admitted to make oath, on account of the necessity of the case. Granted by the Court.
NOTE. See the preceding case of Hall v. Cox, ante, 15.
Cited: Ritter v. Stutts, 43 N.C. 241.
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