Coltart v. Laughinghouse
Supreme Court of Alabama
Appeal from-the Cimrit’Oourt of-.Madison/' Tried before the Horn S; I).- -Hale. This action was brought by George W. Laughing-house and Fleming Jordan,.against Robert W.>-Coltart, to recover several slaves, together with- damages for their detention* The bill of exceptions is as (follows r* “On the trial of this cause, the defendant -introduced judgments- rendereddn said court, and executions issued thereon; one of said judgments being in favor- -of Wiley, Banks & Co.-,…
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Appeal from-the Cimrit’Oourt of-.Madison/' Tried before the Horn S; I).- -Hale. This action was brought by George W. Laughing-house and Fleming Jordan,.against Robert W.>-Coltart, to recover several slaves, together with- damages for their detention* The bill of exceptions is as (follows r* “On the trial of this cause, the defendant -introduced judgments- rendereddn said court, and executions issued thereon; one of said judgments being in favor- -of Wiley, Banks & Co.-, against John W-. Weaver, William Derrick, and' Robert’Freeman j; another, in favor of Gardner, Shepherd ■&. Co., against…
1Opinion of the CourtR. W. Walker, J.
We aré not able to perceive any ground on which to hold that the witness Weaver was incompetent to testify for the defendant. Under the Code, (§ 2302,) the competency of a witness depends upon-the question, whether the verdict and judgment would be evidence for him in another suit'; and the test whether- they would be evidence for him, is the inquiry, would they be evidence against him if adverse to the party introducing him? In other words, the witness is competent, unless the verdict and judgment would be evidence for or against him .in another suit, according as they may be for or against…
2Cases cited6 opinions
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
- Atwood's Adm'r v. WrightSupreme Court of Alabama · 1856
- Harris v. Plant & Co.Supreme Court of Alabama · 1858
- Rupert & Cassity v. Elston'sSupreme Court of Alabama · 1859
- Crutchfield's Heirs v. HudsonSupreme Court of Alabama · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Smith v. StateAlabama Court of Appeals · 1915