Smith v. Armistead's Ex'rs
Supreme Court of Alabama
Writ of error to the County Court of Clarke. This was an action of debt on a specialty, dated the 27th of February, IS30, by which the plaintiff in error promised to pay to the defendant’s testator, the sum of eighty dollars, on the first of January thereafter for the hire of Rachel and her child Emma, and her daughter Ann.
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Writ of error to the County Court of Clarke. This was an action of debt on a specialty, dated the 27th of February, IS30, by which the plaintiff in error promised to pay to the defendant’s testator, the sum of eighty dollars, on the first of January thereafter for the hire of Rachel and her child Emma, and her daughter Ann. The cause was tried on the pleas of payment, failure of consideration, &c.; the jury returned a verdict for the plaintiff for the amount of the note and interest, and judgment was rendered accordingly. On the trial the defendant excepted to the ruling of the Court. It…
1Opinion of the CourtCollier, C. J.
— The reason for which the rejection of-the testimony of the defendant's witness was asked, is clearly insufficient. It was not necessary to show, by positive proof, that the note declared on, was the one to which the testator referred, in the conversation which it was attempted to prove. The jury should judge of its identity from the facts stated, and might determine the point as satisfactorily from the description given of it, (if precise and accurate,) as from the positive declaration of a witness; especially if other testimony was adduced showing that the testator had no other note…
2Cases cited3 opinions
- Tucker v. WelshMassachusetts Supreme Judicial Court · 1821
- Mardis' Adr's v. ShacklefordSupreme Court of Alabama · 1842
- Fryer v. DennisSupreme Court of Alabama · 1841
3Cited by4 opinions
- Atlanta & St. Andrews Bay Railway Co. v. FowlerSupreme Court of Alabama · 1915
- Degraffenreid v. ThomasSupreme Court of Alabama · 1848
- Sanders v. StokesSupreme Court of Alabama · 1857
- Allen v. SmithSupreme Court of Alabama · 1853