Wilson v. Maria
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. L. GtbboNS. 1. The plaintiff does not make the defendant liis witness, by filing interrogatories to him under the statute. He does not represent him as worthy of belief, but only hopes that, notwithstanding bis interest, the truth'may be extracted from him. 2. But even if defendant is to be regarded as plaintiff’s witness, still the testimony of Moulton was improperly rejected.
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Error to the Circuit Court of Mobile. Tried before the Hon. L. GtbboNS. 1. The plaintiff does not make the defendant liis witness, by filing interrogatories to him under the statute. He does not represent him as worthy of belief, but only hopes that, notwithstanding bis interest, the truth'may be extracted from him. 2. But even if defendant is to be regarded as plaintiff’s witness, still the testimony of Moulton was improperly rejected. The rule is, that a party cannot impeach his own witness, by general testimony representing him as unworthy of belief. Without violating this rule, the party…
1Opinion of the CourtPhelan, J.
— This was a suit brought by Thomas 'Wilson against Joseph M. Maria, on a lost note.
Wilson filed interrogatories under the statute to the defendant, and offered the answers as ovidence on the trial.
In answer to one of the interrogatories, Maria admitted that he had made the note set forth in plaintiff’s declaration; and in answer to another stated, that he had paid it fifteen or twenty days after it was made to the plaintiff, at his own house, and that the plaintiff then destroyed it, remarking at the time “that all was square.”
Plaintiff also introduced one Moulton as a witness, to prove “…
2Cited by7 opinions
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