Meroney v. Avery , 64 N.C. 312 ( 1870 )

Rodman, J.

The plaintiff was an incompetent witness to any transaction or communication with the testator of the defendant: C. C. P. § 343; Whitesides v. Green, Admr. decided at this term: hut the objection was waived, by not being taken in due time. An objection must be taken as soon as its existence becomes known: 1 Stark. Ev. 114; 1 Greenl. Ev. 461. The introduction of the defendant after-wards cannot affect this case.

Pee Curiam:. Judgment affirmed.