Hudgins v. Nix
Supreme Court of Alabama
Error to the Circuit Court of Dallas. Assumpsit, by the defendant in error against the plaintiffs in error. Upon the trial, the plaintiff swore to the correctness of his account, it being under one hundred dollars, and proceeded to detail the circumstances of the account, and stated that the wife of the defendant, whilst sole, had contracted with him for a tombstone, at a price then agreed on, which had. been delivered at Prairie Bluff.
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Error to the Circuit Court of Dallas. Assumpsit, by the defendant in error against the plaintiffs in error. Upon the trial, the plaintiff swore to the correctness of his account, it being under one hundred dollars, and proceeded to detail the circumstances of the account, and stated that the wife of the defendant, whilst sole, had contracted with him for a tombstone, at a price then agreed on, which had. been delivered at Prairie Bluff. That he then called on her' for payment, and she promised to pay in the fall. The defendants objected to the plaintiff’s detailing the circumstances attending…
1Opinion of the CourtOrmond, J.
The statute under which the parties were offered as witnesses, provides, that when the demand does not exceed one hundred dollars, “ the oath of the plaintiff shall be received as evidence of the demand, unless the same be controverted by the oath of the defendant; but this section shall not apply to the case of executors, administrators, trustees and guardians, when sued.” [Clay’s .Digest, 342, § 161.]
The design of this statute was not to introduce the plaintiff, and defendant, as witnesses, to be passed upon by the jury, to draw their own conclusions, as in other cases, but it was to enable…
2Cases cited1 opinion
- Anderson v. CollinsSupreme Court of Alabama · 1844
3Cited by2 opinions
- Flash, Hartwell & Co. v. FerriSupreme Court of Alabama · 1859
- Katzenberg v. LehmanSupreme Court of Alabama · 1886