Caldwell v. McVicar
Supreme Court of Arkansas
Appeal from, Pulaski Circuit Court. Debt, by James McVicar against James H. Caldwell, as executor of Charles Caldwell, deceased, in Pulaski Circuit Court, on a writing obligatory, executed to plaintiff on the 16th November, 1841, by R. C. Byrd, as principal, and Win.
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Appeal from, Pulaski Circuit Court. Debt, by James McVicar against James H. Caldwell, as executor of Charles Caldwell, deceased, in Pulaski Circuit Court, on a writing obligatory, executed to plaintiff on the 16th November, 1841, by R. C. Byrd, as principal, and Win. J. Byrd, William Field, and defendant’s testator, as securities, for $1,200, due 1st June, 1843. Defendant filed three pleas : 1st, Usury: 2d, That when the obligation sued on became due, Byrd, the principal therein, was solvent; defendant’s testator gave plaintiff notice to sue thereon, and he neglected so to do until Byrd…
1Opinion of the CourtChief Justice Johnson
The question of Byrd’s eompetency as a witness is the only matter presented by the record in this case. The counsel for the appellee relies upon the case of Walton et al. v. Shelby, 1 Term Rep., and others subsequently decided but based upon the authority of that case. The Supreme Court of the United States, said in the case of The United States v. Leffler. (11 Pet. R. 93,) “The first (objection) is that the witness should not have been received because his evidence went to prove,his own turpitude. And in support of this objection, we were referred, in the first place, to the case of Walton…
2Cases cited3 opinions
- Bank of United States v. DunnSupreme Court of the United States · 1832
- United States v. LefflerSupreme Court of the United States · 1837
- President, Directors & Co. of the Bank Utica v. HillardNew York Supreme Court · 1825