Poe v. Dorrah
Supreme Court of Alabama
Error to tbe Circuit Court of Eayette. Tried before tbe Hon. William R. Smith. This was a proceeding, by motion, against tbe sheriff of Eayette to recover of him tbe amount of an execution issued in favor of Elizabeth Dorrah against Thomas J. Parkenson, upon the suggestion that he could have made the money by proper diligence.
Read the full summary
Error to tbe Circuit Court of Eayette. Tried before tbe Hon. William R. Smith. This was a proceeding, by motion, against tbe sheriff of Eayette to recover of him tbe amount of an execution issued in favor of Elizabeth Dorrah against Thomas J. Parkenson, upon the suggestion that he could have made the money by proper diligence. Upon the trial, it appeared that an attachment had been issued at the suit of the plaintiff against Parkenson, and levied on certain property, which was replev-ied by giving bond with one Warbington as security for its delivery. It further appeared that judgment had…
1Opinion of the Court
■DARGAN, C. J.
We will consider the questions raised in tbis case in the order in wbicb they were made at the bar, First, was Warbington a competent witness for the plaintiff? The rule is now recognized by all courts professing .to be governed by the common law, that the interest wbicb will render a witness incompetent to testify, must be some legal, ¡certain, and immediate interest, in the result of the suit itself, or in the record thereof as an instrument of evidence .to support bis own claims, or to protect bim from an admitted bability. Greenl. Ev. Vol. 1, § 386; Moore and Jones Adm. v.…
2Cases cited4 opinions
- Roundtree v. HollowaySupreme Court of Alabama · 1848
- Roundtree v. WeaverSupreme Court of Alabama · 1845
- Mooney v. ParkerSupreme Court of Alabama · 1851
- Moore v. HendersonSupreme Court of Alabama · 1850
3Cited by7 opinions
- Henderson v. Planters & M. BankSupreme Court of Alabama · 1912
- Evans v. Billingsley's Adm'rSupreme Court of Alabama · 1858
- Hartford Accident & Indemnity Co. v. KuykendallSupreme Court of Alabama · 1971
- Feagin v. PearsonSupreme Court of Alabama · 1868
- Hardy v. KillingsworthSupreme Court of Alabama · 1911
2 more not listed; retrieve them via the Exa API.