Whatley v. Johnson
Supreme Court of Alabama
Johnson brought an action of debt in the County Court of Shelby county, against Whatley and Gragg, on a note. The declaration contained two counts, the first charging the defendants as on a writing obligatory, and the second as on a promissory note. Gragg pleaded separately to the first count, non est factum, and to the second, a plea in the same nature, denying the execution of the instrument. Whatley pleaded nil debet.
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Johnson brought an action of debt in the County Court of Shelby county, against Whatley and Gragg, on a note. The declaration contained two counts, the first charging the defendants as on a writing obligatory, and the second as on a promissory note. Gragg pleaded separately to the first count, non est factum, and to the second, a plea in the same nature, denying the execution of the instrument. Whatley pleaded nil debet. On the trial, as is shewn by a bill of exceptions, the plaintiif offered What-ley as a witness to prove the execution of the instrument by Gragg. Gragg by his counsel,…
1Opinion of the Court
By JUDGE WHITE.
It appears by the bill of exceptions that the plaintiff proposed to introduce Whatley, the other defendant, to *499prove the execution of the instrument by Gragg. This was objected to, but the objection was overruled by the Court. Whatley was sworn as a witness, and it is now among other things assigned as error, that in this opinion the Court below erred. It is manifest that Whatley was directly interested in fixing the liability of Gragg, because in so doing- he would lighten a burden likely to fall, and which in the event of Gragg’s being exonerated, would fall entirely upon…
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