Erwin, Myers & Co. v. Crowell
Supreme Court of Alabama
Error to the County Court of Pickens. Assumpsit on a promissory note payable in bank, made by William Castlevs in favor of the defendant in error, by him en-dorsed to one Turner, and by said Turner to the plaintiffs.
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Error to the County Court of Pickens. Assumpsit on a promissory note payable in bank, made by William Castlevs in favor of the defendant in error, by him en-dorsed to one Turner, and by said Turner to the plaintiffs. By the bill of exceptions it appears that the plaintiffs introduced and read to the jury the note and a notarial protest thereof, and then offered the deposition of said Turner to prove notice of nonpayment to the defendant, and in which deposition the witness swore that he never had any interest in said note and was not interested in the event of the suit. The plaintiffs also,…
1Opinion of the CourtChilton, J.
The witness Turner was no party to this suit, and swears that he is not either directly or indirectly interested in the result of it. Besides, if he had an interest, that interest was fully released before deposing, so that it is clear that the court below erred in rejecting his deposition on the ground of interest. This is conceded by the counsel for the defendant in error; but he contends that although the court committed an error in excluding the deposition for the reason assigned, still it was an error which works no injury to the plaintiffs, since, as he insists, the facts 'of the case…
2Cases cited3 opinions
- Sawyer v. BradfordSupreme Court of Alabama · 1844
- Harper v. HowardSupreme Court of Alabama · 1842
- Jackson v. GewinSupreme Court of Alabama · 1846
3Cited by2 opinions
- Malone v. LacroixSupreme Court of Alabama · 1905
- Malone v. LacroixSupreme Court of Alabama · 1904