Gildersleeve v. Caraway
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Assumpsit by the defendant, against the plaintiff in error, on a promissory note, negotiable and payable in bank. From a bill of exceptions found in the record, it appears, that the defence set up by the defendant was, that a judgment was obtained against him, by the State Bank, as a debt- or of Caraway, by process of garnishment, for the amount of the note sued upon, which judgment he had satisfied.
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Error to the Circuit Court of Mobile. Assumpsit by the defendant, against the plaintiff in error, on a promissory note, negotiable and payable in bank. From a bill of exceptions found in the record, it appears, that the defence set up by the defendant was, that a judgment was obtained against him, by the State Bank, as a debt- or of Caraway, by process of garnishment, for the amount of the note sued upon, which judgment he had satisfied. The plaintiff then introduced a witness, who proved, that he was present at a former trial of this cause. — that one James Martin, since, deceased, was…
1Opinion of the CourtOrmond, J.
The only question necessary to be considered is, the propriety of the admission of the testimony of. *262what the deceased witness, Martin, swore to, on the former trial of this canse; the other points made being determined by the previous adjudications of this court, as shown by the citations of the connsel for the defendant in error.
It is the settled rule of the law of evidence, to permit testimony of what a deceased witness swore to, on a former trial of the same cause, between the same parties. In England, formerly, and in some of the courts of this country, it has been sometimes held, that…
2Cases cited1 opinion
- Tayloe v. RiggsSupreme Court of the United States · 1828
3Cited by16 opinions
- Williams v. StateCourt of Criminal Appeals of Alabama · 1979
- Thompson v. StateSupreme Court of Alabama · 1894
- Summons v. StateOhio Supreme Court · 1856
- State v. AbleSupreme Court of Missouri · 1877
- Davis v. StateSupreme Court of Alabama · 1850
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