Winston v. Moseley
Supreme Court of Alabama
This was an action of assumpsit, brought by J. J. Winston against W. F. Moseley, in Lawrence Circuit Court, in March, 1823, to recover on a cotton receipt, given to W. Pettus, by the defendant, who was a ginner of cotton, on the 10th of December, 1821; whereby he acknowledged to have recéived of Pettus 60,000 pounds of cotton in the seed, to be picked, baled and delivered to Pettus for one twentieth; Pettus providing the materials for baling.
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This was an action of assumpsit, brought by J. J. Winston against W. F. Moseley, in Lawrence Circuit Court, in March, 1823, to recover on a cotton receipt, given to W. Pettus, by the defendant, who was a ginner of cotton, on the 10th of December, 1821; whereby he acknowledged to have recéived of Pettus 60,000 pounds of cotton in the seed, to be picked, baled and delivered to Pettus for one twentieth; Pettus providing the materials for baling. This receipt was on the day of its date, assigned by Pettus to the plaintiff. The defendant pleaded: 1. That he did not execute the receipt; which was…
1Opinion of the Court
_ By JUDGE COLLIER.
The opinion of this Court _ *s as^ce<^ ulDOn the following questions of law, 1. Can a party be permitted to shew the incompetency of a witness *139introduced and examined by himself, by a question propounded to that witness? 2. Can he shew the ineompetency of such witness, by the examination, of other witnesses? 3. Is a verdict in these words: “they (the jury) say that they find a verdict for the- defendant;and some of the jury also say, that the receipt on which the action is-brought, is genuine,” a sufficient warrant for a judgment in favor of the defendant, where there is…
2Cited by6 opinions
- Crago v. StateWyoming Supreme Court · 1922
- Western Union Telegraph Co. v. NorthcuttSupreme Court of Alabama · 1908
- Fralick v. PresleySupreme Court of Alabama · 1856
- Thomas v. StateSupreme Court of Alabama · 1921
- Robinson v. CrenshawSupreme Court of Alabama · 1832
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