Wilson v. Calvert
Supreme Court of Alabama
Error to the County Court of Mobile. Assumpsit by the defendant, against the plaintiff in error. The declaration contains the common counts. The defendant pleaded non-assumpsit, set off, and the statute of limitations.
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Error to the County Court of Mobile. Assumpsit by the defendant, against the plaintiff in error. The declaration contains the common counts. The defendant pleaded non-assumpsit, set off, and the statute of limitations. Upon the trial, it appears by a bill of exceptions, that the plaintiff proved a presentation, in 1841, of an account attached to the bill of exceptions, which is made out against the defendant, in fh-vor of Charles Hammond, which includes the amount of two other accounts against the defendant, in favor of Hogan & Hammond, and that the defendant, after looking over it, said,…
1Opinion of the CourtOrmond, J.
The established rule, as to confessions, or admissions, is, that they must be taken altogether, that which makes for the party, as well as that which makes against him. But the jury are not bound to give equal credence to every part of the statement; they may for sufficient reasons, give effect to one part of the admission, and reject the other. What facts, or circumstances, would authorize the jury to reject one part of the statement, and receive the other, is a question not raised upon the record. It may however be stated, that where the admission is not a whole, or entire thing, but as…
2Cases cited1 opinion
- Newman v. BradleySupreme Court of the United States · 1788
3Cited by3 opinions
- Christian v. Macon Railway & Light Co.Supreme Court of Georgia · 1904
- Scruggs v. BibbSupreme Court of Alabama · 1859
- Knuckles v. StateCourt of Criminal Appeals of Alabama · 1977