Crary v. Carradine
Supreme Court of Arkansas
This is the suit referred to in the preceding case of Crary vs. Car-radine & Newman. The cases were parallel, in every respect, except that, in the present case, John W. Crary was offered as a witness, by the defendant, and, being sworn on bis voir dire, stated, that lie considered himself bound to pay tlio account sued on, and thought he would pay the judgment, if obtained; that he promised to settle the account of the defendant, but on no other consideration than for good…
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This is the suit referred to in the preceding case of Crary vs. Car-radine & Newman. The cases were parallel, in every respect, except that, in the present case, John W. Crary was offered as a witness, by the defendant, and, being sworn on bis voir dire, stated, that lie considered himself bound to pay tlio account sued on, and thought he would pay the judgment, if obtained; that he promised to settle the account of the defendant, but on no other consideration than for good feeling. The Court held him incompetent, and refused to allow him to be sworn in chief. If the witness was interested at…
1Opinion of the Court
By the Court,
Lacy, J.
There is considerable conflict in the authorities, with regard to the kind of interest disqualifying the witness from testifying. We have looked into the different cases with some attention, and, although the rule varies, still we think the later and better authority is, that the interest to disqualify a vdtness must be legal and certain in the event of the suit, or in the record as an instrument of evidence. However, minute the interest may be, it will still disqualify. The legal interest-in the event of a suit, is contradistinguished from mere prejudice or bias, or any…
2Cases cited2 opinions
- Sentney v. OvertonCourt of Appeals of Kentucky · 1816
- People ex rel. Stebbins v. Orleans Common PleasNew York Supreme Court · 1829