Stebbins v. Sutton
Supreme Court of Alabama
On the trial of an action of assumpsit in the Circuit Court of Baldwin county, PellB- Sutton recovered againstEussell Stebbins, a judgment on a verdict for $1,000. The declaration was for goods sold, materials furnished towards the building of a steamboat, &c. The plea was the general issue. A bill of exceptions was taken by Stebbins, the matter of which is here assigned^for error.
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On the trial of an action of assumpsit in the Circuit Court of Baldwin county, PellB- Sutton recovered againstEussell Stebbins, a judgment on a verdict for $1,000. The declaration was for goods sold, materials furnished towards the building of a steamboat, &c. The plea was the general issue. A bill of exceptions was taken by Stebbins, the matter of which is here assigned^for error. It appears by the record, that there had been a previous trial of the cause, in which one John Motley had been examined as a witness, that a new trial had been granted, and that at the same term the following entry…
1Opinion of the Court
By JUDGE PERRY.
In pursuance of the agreement, the deposition of the witness Motley was taken and read on the trial in the Court below, which was excepted to, and forms the ground of error insisted on in this Court; because as it is contended, the witness was directly interested in the event of the suit. Such interest has at all times excluded witnesses from giving testimony in Courts of justice, unless the parties by their agreement make such testimony legal. Have they done so? The strong language used in the agreement, that the deposition should be read in evidence upon the trial of the…
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