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COGDILL v. SCATES

No. 64.

224 S.E.2d 604 (1976)

290 N.C. 31

Mona Robinson COGDILL v. Susan Weeks SCATES and George Thomas Cogdill.

Supreme Court of North Carolina.

May 14, 1976.

Attorney(s) appearing for the Case

Bruce A. Elmore and John A. Powell, Asheville, for plaintiff appellant.

Morris, Golding, Blue & Phillips by William C. Morris, Jr., Asheville, for George Thomas Cogdill, defendant appellee.

SHARP, Chief Justice:

This appeal involves the question to what extent and under what circumstances a party is bound by his own adverse testimony in the trial of his case. This "has been characterized as one of the most troublesome questions in the law of evidence and has been the subject of much diversity of judicial opinion." 32A C.J.S. Evidence § 1040(3) (1964). Specifically, the question here presented is...

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