Ivey v. Phifer
Supreme Court of Alabama
Error to the Circuit Court of Lowndes. Before the Hon. E. Pickens. Assumpsit by the plaintiff in error. It appears from a bill of exceptions, that the plaintiff, and one Vance, made a bet on a horse race of $250, which was placed in the hands of the defendant as stakeholder, and upon the conclusion of the race, the stake was paid over by the defendant, to Vance, after notice from the plaintiff not to pay over.
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Error to the Circuit Court of Lowndes. Before the Hon. E. Pickens. Assumpsit by the plaintiff in error. It appears from a bill of exceptions, that the plaintiff, and one Vance, made a bet on a horse race of $250, which was placed in the hands of the defendant as stakeholder, and upon the conclusion of the race, the stake was paid over by the defendant, to Vance, after notice from the plaintiff not to pay over. The defendant then offered Vance as a witness, who was objected to by the plaintiff, upon the ground, that he was interested, but was admitted to testify by the court, and the plaintiff…
1Opinion of the CourtCollier, C. J.
1. This cause was before this court at a previous term, but none of the questions now presented were then determined. 11 Ala. Rep. 535. The competency of Yance as a witness for the defendant, must depend upon the consideration, whether he can be affected by the result of the present cause. If a recovery by the plaintiff would subject him to liability to the defendant, it must be conceded, that he should not have been permitted to testify; for the judgment would be evidence against him, not only of the fact of its rendition, but also of the amount, though it might not conclude him from setting…
2Cases cited1 opinion
- Ivey v. PhiferSupreme Court of Alabama · 1847
3Cited by3 opinions
- Barlow v. LambertSupreme Court of Alabama · 1856
- Boring v. WilliamsSupreme Court of Alabama · 1850
- Boon v. Steamboat BelfastSupreme Court of Alabama · 1866