Massey v. Rogan
Supreme Court of Alabama
Wkit of error to the Circuit Court of St. Clair. This was an action commenced by attachment at the suit of the defendant in error, to recover a sum of money, claimed to be due from the plaintiff for goods, wares and merchandize, previously sold and delivered to him.
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Wkit of error to the Circuit Court of St. Clair. This was an action commenced by attachment at the suit of the defendant in error, to recover a sum of money, claimed to be due from the plaintiff for goods, wares and merchandize, previously sold and delivered to him. The defendant pleaded in abatement, the pendency of another suit by attachment, for the same cause of action.' T o this plea, the plaintiff replied, nul tiel record, and concluded with a verification; the defendant rejoined, the plaintiff sur-rejoined; whereupon an issue of fact was joined, and the cause submitted to the jury. On…
1Opinion of the CourtCollier, C. J.
To disqualify a witness upon the ground of interest, it must be shown that he will either gain or lose by the direct legal operation and effect of the judgment, or that the record will be evidence, either for or against him, in some other action. It must be a present,. certain and vested interest, and not uncertain, remote or contingent. [Greenleaf’s Ev. 434.] In Van Nays v. Terhune, [3 Johns. Cases,] the supreme court of New-York held, that an examination of all the authorities, show the genei’al rule to be, that if a witness will not gain or lose by the event of the cause, or if the verdict…
2Cases cited1 opinion
- Phillips v. BridgeMassachusetts Supreme Judicial Court · 1814
3Cited by3 opinions
- Stewart v. ConnerSupreme Court of Alabama · 1846
- Carter v. MundySupreme Court of Alabama · 1847
- Wright v. LewisSupreme Court of Alabama · 1850