Aston v. Jemison
Supreme Court of Alabama
Error to the County Court of Tuscaloosa. This was an action for services rendered by the plaintiff as engineer on the steamer General Sumter, against the defendant as an alleged joint owner of said boat. To sustain his case the plaintiff introduced as a witness one Massey, who testified thát he, his brother and the defendant were the joint owners of the steamer.
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Error to the County Court of Tuscaloosa. This was an action for services rendered by the plaintiff as engineer on the steamer General Sumter, against the defendant as an alleged joint owner of said boat. To sustain his case the plaintiff introduced as a witness one Massey, who testified thát he, his brother and the defendant were the joint owners of the steamer. The defendant’s counsel thereupon objected to the competency of the witness and mpved to exclude his testimony, which motio'n tile court sustained, and this is now assigned as error. The witness, Massey, was competent for the…
1Opinion of the CourtChilton, J.
If the plaintiff succeed in his action against ■Jemison, as part owner of the steamboat Gen’l Sumter, the ■effect of the judgment is to make him responsible for the whole demand and to 'turn him round upon the other part owners for contribution. The-object, as well as the direct tendency of the testimony of the witness, Massey, was to make the defendant share with him the payment of the demand sued for. He was then directly interested in sustaining the plaintiff’s action, as he thereby lessened his own liability in the proportion as he established Jemison’s interest in the boat. It follows,…
2Cases cited2 opinions
- Lewis v. PostSupreme Court of Alabama · 1840
- Thornton v. KerrSupreme Court of Alabama · 1844