Waring v. Henry
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Napier. This action was brought by Henry & Mott against Moses Waring, to recover $105 35, the amount of an open account for china-ware sold and delivered by plaintiffs, on the 11th August, 1852, to Jacob B. Walker, for the steamboat Alamo, of which defendant was at that time a part-owner.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Napier. This action was brought by Henry & Mott against Moses Waring, to recover $105 35, the amount of an open account for china-ware sold and delivered by plaintiffs, on the 11th August, 1852, to Jacob B. Walker, for the steamboat Alamo, of which defendant was at that time a part-owner. On the trial, as the bill of exceptions states, “having given notice to that effect, the plaintiffs offered Thomas Henry, one of their firm, as a witness for them.. The defendant objected, and prayed the court to require said Henry to state…
1Opinion of the CourtStone, J.
The refusal of the court to require the plaintiff to state what he proposed to establish by his own oath, that the defendant might have the privilege of controverting it, must work a reversal of the case. — See the case of Pryor v. Harris, at the last term. It was not the intention of the legislature to constitute the parties general witnesses. — -See Code, § 2813. Neither-does sound policy authorize the court, under this section, to place contradictory statements before the jury, and cast on that body the duty of separating the uncontroverted from the controverted portions of the plaintiff’s…
2Cases cited2 opinions
- Cheek v. WaldrumSupreme Court of Alabama · 1854
- Jordan v. OwenSupreme Court of Alabama · 1855
3Cited by6 opinions
- Zimmern v. Standard Motor Car Co.Supreme Court of Alabama · 1921
- Barbour County v. HornSupreme Court of Alabama · 1872
- Flash, Hartwell & Co. v. FerriSupreme Court of Alabama · 1859
- Bass v. Green & YatesSupreme Court of Alabama · 1918
- Steamboat Thompson v. Lewis & Co.Supreme Court of Alabama · 1858
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