Legal Opinion

Kincaid v. Purcel

Indiana Supreme Court

Decided November 15, 1848PublishedCited by 1 opinion

ERROR to the Dearborn Circuit Court. This was an action of assumpsit, by Peered against 'Kincaid & Gould, for refusing to accept and pay for certain cattle according to contract, and also for cattle sold and delivered. In the Circuit Court, the defendants appeared, and Kincaid pleaded non assumpsit.

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ERROR to the Dearborn Circuit Court. This was an action of assumpsit, by Peered against 'Kincaid & Gould, for refusing to accept and pay for certain cattle according to contract, and also for cattle sold and delivered. In the Circuit Court, the defendants appeared, and Kincaid pleaded non assumpsit. Gould saying nothing in bar of the suit, the cause was, by agreement of the parties, submitted for trial on the issue raised by the plea of Kincaid, and for the assessment of damages against Gould. Judgment against both the defendants for 88 dollars and costs. During the trial, the plaintiff…

1Opinion of the CourtBlackford, J.

— “ There- is a statute authorising the plaintiff, in certain cases to make the defendant a witness. R. S. eh. 47, § 81— 87. It is not necessary to enquire whether the statute applies to this case or not, as we think the witness, who does not appear to *165have objected to being examined, was admissible independently of the statute.

“ The mere fact, that the witness was a party to the suit, did not render him Incompetent. That point is settled in the cases of Worrall v. Jones, 7 Bingh. 395, and Pipe v. Steele and others, 2 Ad. & Ell. N. S. 888; and it has heretofore been recognised by this Court.…

2Cases cited3 opinions

  1. Barton v. Petit and BayardSupreme Court of the United States · 1812
  2. Henderson v. ReevesIndiana Supreme Court · 1841
  3. Davis v. GranissIndiana Supreme Court · 1839

3Cited by1 opinion

  1. Robinson v. NarberSupreme Court of Pennsylvania · 1870

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