O'Neal v. Brown
Supreme Court of Alabama
Error to the Circuit Court of Tuskaloosa. Tried before the Hon. George H. Shortridge. This was an action of trespass against the defendant, who was a Marshal of the United States, for levying on a certain stock of goods, which the plaintiff claimed under a deed of assignment executed to him by Theron Brown on the 10th May, 1845. “ To prove, among other things, the amount of the assets included in said deed of assignment, the plaintiff introduced one Perkins as a witness, who…
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Error to the Circuit Court of Tuskaloosa. Tried before the Hon. George H. Shortridge. This was an action of trespass against the defendant, who was a Marshal of the United States, for levying on a certain stock of goods, which the plaintiff claimed under a deed of assignment executed to him by Theron Brown on the 10th May, 1845. “ To prove, among other things, the amount of the assets included in said deed of assignment, the plaintiff introduced one Perkins as a witness, who stated that he was the clerk of the said Theron Brown before the said assignment, and of the plaintiff afterwards; that…
1Opinion of the CourtD Aeg An, C. J.
The object of introducing the testimony of the witness Perkins was, to prove the value of the effects that were conveyed by the deed of assignment, and not to prove the simple amount set down in the schedule or invoice that he had made before the assignment was executed. If the latter had been the object of the testimony, that is, if the witness had been called to prove the amount or value of the *512■goods, as contained in the schedule itself, then the schedule would have been the best evidence of its own contents. But it is very clear that this schedule, if produced, would not have been…
2Cases cited2 opinions
- Pharr v. BachelorSupreme Court of Alabama · 1841
- Sparks v. RawlsSupreme Court of Alabama · 1850