Leiper v. Erwin
Tennessee Supreme Court
In 1820, defendant sued David King, obtained a judgment which Leiper stayed. Stay was out 10th May, 1821; execution issued 11th; officer went to King; Coleman paid 010, and promised to pay the rest soon; officer told Erwin of this, who said well, do not press the execution until I tell you. He never told the officer to push, but waited until 1829, Coleman being dead, and then took out this execution against Leiper, whq brought it up by certiorari.
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In 1820, defendant sued David King, obtained a judgment which Leiper stayed. Stay was out 10th May, 1821; execution issued 11th; officer went to King; Coleman paid 010, and promised to pay the rest soon; officer told Erwin of this, who said well, do not press the execution until I tell you. He never told the officer to push, but waited until 1829, Coleman being dead, and then took out this execution against Leiper, whq brought it up by certiorari. The court refused to let King be examined both before and after he was released; refused on application of defendant below to have plaintiff sworn,…
1Opinion of the CourtPeck, J.
The court erred when he instructed the jury that the proof made by the defendant below, “that plaintiff was a close and strict collector, ” was illegal evidence, and should by them be disregarded. We are all of opinion, that under the circumstances the evidence was admissible, and that the jury should have been left to consider of it.
Judgment reversed.
2Cited by2 opinions
- Poole v. First Nat. Bank of SmyrnaCourt of Appeals of Tennessee · 1946
- Cable v. RussellCourt of Criminal Appeals of Tennessee · 1969