Dawkins v. Gill
Supreme Court of Alabama
Error to the County Court of Washington. Assumpsit, by the defendant in error, on the following note : $150. We do therefore acknowledge to pay, J. Gill, or bearer, the just sum of one hundred and fifty dollars, for his services in the case pending in the circuit court, betwixt Scott and W. Anderson, concerning Jonas Jones’ property, when decided in said court of Sumter county.
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Error to the County Court of Washington. Assumpsit, by the defendant in error, on the following note : $150. We do therefore acknowledge to pay, J. Gill, or bearer, the just sum of one hundred and fifty dollars, for his services in the case pending in the circuit court, betwixt Scott and W. Anderson, concerning Jonas Jones’ property, when decided in said court of Sumter county. If said Scott loses the case, we only pay half the above amount. 8 October, 1842. D. Dawkins, A. Scott. The plaintiff below proved, that the note was given to induce him to attend and give evidence in the case referred…
1Opinion of the CourtOrmond, J.
We think it very clear, that no action can, be maintained upon this contract. We shall not enter upon the inquiry, whether a fixed and certain compensation, might not be made to a witness, who could not be required by subpoena to attend in person. Here the amount of the compensation, was to depend upon the success of the party to the suit, in whose favor the witness was to testify, and although there may have been no agreement, or expectation, that the witness should give false testimony, the inevitable tendency ■of the contract was, to give him a bias in favor of the party calling him as a…
2Cited by7 opinions
- Bar Ass'n v. GreenhoodMassachusetts Supreme Judicial Court · 1897
- Goodrich v. TenneyIllinois Supreme Court · 1893
- Goodyear Tire & Rubber Co. v. Overman Cushion Tire Co.Court of Appeals for the Sixth Circuit · 1937
- Smith v. . HartsellSupreme Court of North Carolina · 1908
- Thatcher v. DarrWyoming Supreme Court · 1921
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