Opinion
01-21-1823
Jones v. Lucas
Judgment affirmed.
SYLLABUS
Lucas brought an action of trespass on the case, in the superior court of Mecklenburg county, against Jones, for a fraud in selling him an unsound negro. At the trial, the plaintiff offered in evidence, the deposition of Amy B. Jones, taken under a commission. The defendant moved the court to exclude from the jury, certain answers contained in the deposition, to questions which were leading ones. The court overruled the motion, and permitted the answers in question to go to the jury; to which opinion the defendant excepted. A verdict was rendered for the plaintiff, and judgment accordingly. The defendant appealed to this court.
The case was submitted without argument.
OPINION
Brooke, Judge [*]
The court is of opinion, that the objections taken in the bill of exceptions, to the deposition referred to, came too late. Although the questions were leading questions, calculated to inform the witness of the answers expected by the party propounding them, and therefore improper; yet, after the jury were sworn, it would have been irregular to suppress the deposition, there being no objection to the competency of the witness. Before the jury were sworn, on motion, the questions and answers objected to ought to have been suppressed by the court. Afterwards, and upon the trial, the objections could only go to the credit of the witness. The judgment is, therefore, to be affirmed.
[*]Judge Cabell absent.