Warner v. Carlton
Illinois Supreme Court
This was a suit commenced in the Circuit Court of LaSalle county, at the February term, A. D. 1859, by a writ of replevin. The articles replevied, were merchandize in a store. The coroner of LaSalle county, to whom the writ was directed, returned the same with the indorsement following, to wit: Rowland Carlton, 1 vs. > Writ of Replevin.
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This was a suit commenced in the Circuit Court of LaSalle county, at the February term, A. D. 1859, by a writ of replevin. The articles replevied, were merchandize in a store. The coroner of LaSalle county, to whom the writ was directed, returned the same with the indorsement following, to wit: Rowland Carlton, 1 vs. > Writ of Replevin. Francis Warner. ) Executed this writ by reading to defendant, Francis Warner, and delivering the within described goods and chattels to David L. Hough, attorney for plaintiff. ROBERT M. McARTHUR, Coroner. There are no damages alleged or asked for in the…
1Opinion of the CourtWalker, J.
The first question presented by this record, for our consideration, and which was urged with most earnestness, is whether R. H. Carlton was a competent witness on the trial below. It is a rale of uniform application that a person not a party to the record, and whose interest is equally balanced, is competent. Stokes v. Kane, 4 Scam. R. 167. This witness was the vendor of the goods in controversy, and it is urged that his interest is not balanced between his execution creditor and his vendee. In numerous cases of this character it has been held that his interest is balanced, and that he is…
2Cases cited1 opinion
- Rice v. AustinMassachusetts Supreme Judicial Court · 1821
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