Stone v. Bibb
Supreme Court of Alabama
Writ of Error to the Circuit Court of Montgomery County. AotxoN of assumpsit on a note executed by the plaintiffs in error, to Bibb, the defendant. In the progress of the trial, evidence was given, tending to show some defect in the consideration of the note, which was given for the purchase of a tract of land, sold by Bibb, by virtue of a deed of trust, executed by one Vincent, to secure certain of his creditors.
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Writ of Error to the Circuit Court of Montgomery County. AotxoN of assumpsit on a note executed by the plaintiffs in error, to Bibb, the defendant. In the progress of the trial, evidence was given, tending to show some defect in the consideration of the note, which was given for the purchase of a tract of land, sold by Bibb, by virtue of a deed of trust, executed by one Vincent, to secure certain of his creditors. The creditors wished to introduce Bibb as a witness, to disprove some of the matters shown in defence, and, to render him competent, they deposited in- Court a sufficient sum to…
1Opinion of the CourtG-Oldthwaite, J.
— This is the first time, in this State, within our knowledge, that the plaintiff on the record, has been allowed to change his position, and, instead of a party, become a witness, to support his own suit, without being called on by, and against the consent of, his adversaries. We are not unaware that some decisions of the Courts of Pennsylvania, and of ■ the Circuit Court of the United States, setting in that State, *101have sanctioned this practice. Innovations have also been made in the English Courts, and in most of the Courts of our sister States, on the admitted rule of the Common Law,…
2Cited by2 opinions
- Deslonde & James v. Darrington's HeirsSupreme Court of Alabama · 1856
- Goodwin ex rel. Hale v. HarrisonSupreme Court of Alabama · 1844