Densler v. Edwards
Supreme Court of Alabama
Wuit of Error to the Circuit Court of Macon. The defendant in error declared against the plaintiff, in assump-sit, on a promissory note made by his testator and two other persons, on the fourth of February, 1837, for the payment of one thousand dollars, on or before the twenty-fifth of December, 1838. The cause was tried on an issue to the plea of ne unques exectitor. On the trial the defendant below excepted to the ruling of the presiding judge.
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Wuit of Error to the Circuit Court of Macon. The defendant in error declared against the plaintiff, in assump-sit, on a promissory note made by his testator and two other persons, on the fourth of February, 1837, for the payment of one thousand dollars, on or before the twenty-fifth of December, 1838. The cause was tried on an issue to the plea of ne unques exectitor. On the trial the defendant below excepted to the ruling of the presiding judge. The bill of exceptions states, that the plaintiff offered to read to the jury, the testimony of one Hansell, to prove that the defendant, after the…
1Opinion of the CourtCollier, C. J.
1. The first question which presents itself is, was the testimony of plaintiff’s witness, Hansel], properly admitted 1 The admissibility of his evidence depends primarily upon the fact, whether he had such all interest in the event of this cause as rendered him an incompetent witness. It may be regarded as a settled rule, that competency is always presumed until the contrary is shown. [Hall v. Gittings, 2 Har. & Johns. R. 112; Stoddard v. Manning, 2 Har. & G. Rep. 147; Callis v. Tolson’s ex’rs, 6 G. & Johns. Rep. 80; Saxton v. Boyce, 1 Bail. Rep. 66; Smith v. White, 5 Dana’s Rep. 382; Howell…
2Cases cited2 opinions
- Jackson ex rel. Howell v. DelanceyNew York Supreme Court · 1825
- Morrill v. MorrillSupreme Judicial Court of Maine · 1836
3Cited by8 opinions
- Alabama Gold Life Insurance v. SledgeSupreme Court of Alabama · 1878
- Willingham v. RushingSupreme Court of Georgia · 1898
- Hatchett v. BerneySupreme Court of Alabama · 1880
- Stephenson Brick Co. v. Bessemer Engineering Const.Supreme Court of Alabama · 1928
- Lowery v. LowerySupreme Court of Alabama · 1932
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