Hall v. Alexander
Supreme Court of Alabama
Error to the County Court of Lowndes, Assumpsit by the plaintiff, against the intestate, defendant in error, to recover wages as an overseer.
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Error to the County Court of Lowndes, Assumpsit by the plaintiff, against the intestate, defendant in error, to recover wages as an overseer. From a bill of exceptions, it appears the defendant introduced as a witness, Edmund Alexander, an heir and distributee of the intestate, who had received a portion of his distributive share of the estate, and had not given to the administrator any refunding bond; that the witness had executed, and delivered, a release, and relinquishment of all his interest in the residue of the estate, to the defendant, the sole administrator of the estate. The…
1Opinion of the CourtOrmond, J.
The interest which will disqualify a witness must be a certain, direct, and immediate interest, in the event of the suit; if it be contingent, or uncertain, it will go to his credit, and not to his competency. The distributees of this estate, having been offered as witnesses, and released all their interest to the administrator in the residue of the estate, were, upon this principle, competent to testify in behalf of the administrator. By that act, they precluded themselves from calling on him, for any farther portion, and there remains only the possibility that they may be compelled to…
2Cited by3 opinions
- Clealand v. HueySupreme Court of Alabama · 1850
- Herndon v. Givens' Adm'rSupreme Court of Alabama · 1851
- Scales v. Desha, Sheppard & Co.Supreme Court of Alabama · 1849