Dargan v. Harris
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. John Moose. . This action was brought by Melvin Harris, against Andrew Dargan, and was commenced before a justice of the peace on the 2d January, 1880. The justice-rendered judgment for the defendant, and the plaintiff removed the case, by appeal, into the Circuit Court, where he filed a complaint claiming “six dollars for land-rent, due January 1, 1880.” “Oh the trial, as the bill of exceptions states, “the…
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Appeal from the Circuit Court of Dallas. Tried before the Hon. John Moose. . This action was brought by Melvin Harris, against Andrew Dargan, and was commenced before a justice of the peace on the 2d January, 1880. The justice-rendered judgment for the defendant, and the plaintiff removed the case, by appeal, into the Circuit Court, where he filed a complaint claiming “six dollars for land-rent, due January 1, 1880.” “Oh the trial, as the bill of exceptions states, “the amount claimed being under $20, the cause was tried by the court without the intervention of a jury. The plaintiff, being…
1Opinion of the CourtStone, J.
The plaintiff and defendant were the only witnesses examined on the trial of this ease in the court below. Their testimony was in direct conflict. No legal question is shown to have been raised, and the court decided in favor of the plaintiff there, appellee here. The credibility of oral testimony depends, in a large degree, on the manner of the witness on the stand.—Ex parte Weaver, 55 Ala. 250; Ex parte McAnally, 53 Ala. 495; Ex parte Allen, 55 Ala. 258; Ex parte Nettles, 58 Ala. 268. The circuit judge had much better opportunities for weighing the testimony, and judging of the credibility…
2Cases cited5 opinions
- Ex parte McAnallySupreme Court of Alabama · 1875
- Ex parte NettlesSupreme Court of Alabama · 1877
- Pike v. BrightSupreme Court of Alabama · 1856
- Ex parte WeaverSupreme Court of Alabama · 1876
- Ex parte AllenSupreme Court of Alabama · 1876
3Cited by3 opinions
- Union Mut. Aid Ass'n v. CarrowaySupreme Court of Alabama · 1918
- Louisville & Nashville Railroad v. SolomonSupreme Court of Alabama · 1899
- Danal v. StateAlabama Court of Appeals · 1916