Bondurant v. Bank of Alabama
Supreme Court of Alabama
Writ or error to the Circuit Court of Tuscaloosa. In this case, the defendant in error stated to the Court below, that on a judgment therein rendered in its favor, against Alfred Vaughan, a writ of fieri facias (particularly describing its amount,) was issued on the 25th October, 1836, which was placed in the hands of James M. Bondurant, then sheriff of Marengo, who returned it as follows: “ Rec’d, 3d March, 1837, came to hand too late to make the moneythat the plaintiffs in…
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Writ or error to the Circuit Court of Tuscaloosa. In this case, the defendant in error stated to the Court below, that on a judgment therein rendered in its favor, against Alfred Vaughan, a writ of fieri facias (particularly describing its amount,) was issued on the 25th October, 1836, which was placed in the hands of James M. Bondurant, then sheriff of Marengo, who returned it as follows: “ Rec’d, 3d March, 1837, came to hand too late to make the moneythat the plaintiffs in error were the sureties of that sheriff in his official bond; that the return of execution is false, and thereupon they…
1Opinion of the CourtCollier, C. J.
We are inclined to think that the interest of the sheriff was not balanced between the parties, so as to have made him a competent witness for the defendants, without a release. But that he might have been competent by a release, seems to be so firmly settled upon authority, as not to admit of serious doubt. Mr. Greenleaf, in his treatise on the Law of Evidence, (p. 472 to 4,) says, “The competency of a witness, disqualified, by interest, may always be restored by a proper release. If it consists in an interest vested in himself, he may divest himself of it by a release, or other proper con*834y.e…
2Cases cited5 opinions
- Townsend v. EverettSupreme Court of Alabama · 1843
- Turner v. AustinMassachusetts Supreme Judicial Court · 1819
- Price v. CloudSupreme Court of Alabama · 1844
- Meade v. M'DowellSupreme Court of Pennsylvania · 1812
- Bernard v. Commonwealth for LewisCourt of Appeals of Kentucky · 1823
3Cited by19 opinions
- Acklen's v. HickmanSupreme Court of Alabama · 1879
- County of Mahaska v. IngallsSupreme Court of Iowa · 1864
- Birmingham Railway Light & Power Co. v. SeabornSupreme Court of Alabama · 1910
- Russell v. BushSupreme Court of Alabama · 1916
- Singleton v. Doe ex dem. SmithSupreme Court of Alabama · 1913
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