Wright v. Bolling
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. Charles W. Rapier. This action was founded on a promissory note for'f>82 46, executed by S. C. Benson and John S. Wright, dated April 18, 1854, and payable by the' 25th December next thereafter, with interest from the 1st January, 1854, to John Bolling, or bearer. The defendant Wright, on whom alone the summons was executed, defended the suit, but the record does not state what the pleas were.
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Appeal from the Circuit Court of Butler. Tried before the Hon. Charles W. Rapier. This action was founded on a promissory note for'f>82 46, executed by S. C. Benson and John S. Wright, dated April 18, 1854, and payable by the' 25th December next thereafter, with interest from the 1st January, 1854, to John Bolling, or bearer. The defendant Wright, on whom alone the summons was executed, defended the suit, but the record does not state what the pleas were. On the trial, as appears from the bill of exceptions, after the plaintiff had introduced in evidence the note declared on, the defendant…
1Opinion of the CourtChilton, C. J.
1. There was no error in admitting the testimony of McKellar, to which exception was taken. The fact that the witness has no recollection of selling the other articles, makes no difference. He made the charges, and knows that they are correct, for he charged nothing that was not sold and delivered. He might, therefore, very properly state, that he was satisfied and believed the items so charged were sold to Benson, although he could not remember them. — 1 Greenl. Ev. (5th ed.) § 437; 2 Ad. & El. 210; 2 Phil. Ev. (C. & H.) p. 551, note 421; Haig v. Newton, 1 Rep. Const. Ct. 423; ib. 373; Head…
2Cases cited1 opinion
- Head ex rel. Youngblood v. ShaverSupreme Court of Alabama · 1846
3Cited by6 opinions
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- Riley v. RileySupreme Court of Alabama · 1860
- Mills v. StateSupreme Court of Alabama · 1906
- Weed v. MartinSupreme Court of Alabama · 1889
- Cowles v. StateSupreme Court of Alabama · 1874
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