Governor v. Gee
Supreme Court of Alabama
ERROR to the Circuit Court of Montgomery. Tried before the Hon. Thos. A. Walker. A motion was made by the Attorney General, in the name of the Governor for the use of the State, against Gee, as the tax-bollector of .Sumter county, and his sureties, for a failure to pay over moneys in his hands.
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ERROR to the Circuit Court of Montgomery. Tried before the Hon. Thos. A. Walker. A motion was made by the Attorney General, in the name of the Governor for the use of the State, against Gee, as the tax-bollector of .Sumter county, and his sureties, for a failure to pay over moneys in his hands. The defendant introduced J. C. Vandyke, as a witness, who testified that the defendant had paid the money over to him, that he had received it as Comptroller of the State, and had deposited it in the Rank at Tuskaloosa. The plaintiff objected to this witness on the ground of interest, but the court…
1Opinion of the CourtDargan, C. J.
In the case of Bean v. Pearsal, 12 Ala. 592, the plaintiff offered his agent to prove that he had paid over to the defendant a sum of money, which the plaintiff had' left with the agent for that purpose. This court held that the testimony of the agent was admissible, on the ground of necessity, and that case is well sustained by the authorities on which it rests. In the case before us, the defendant offered his agent to prove that he had paid over to the plaintiff the money left by the defendant with him for that purpose. The same question, in principle, is presented in this case that arose…
2Cases cited1 opinion
- Bean v. PearsallSupreme Court of Alabama · 1847
3Cited by3 opinions
- Harris v. Plant & Co.Supreme Court of Alabama · 1858
- Sowell v. Bank of BrewtonSupreme Court of Alabama · 1898
- Teckenbrock v. McLaughlinMissouri Court of Appeals · 1887