Palmer v. Severance
Supreme Court of Alabama
Writ of Error to the Circuit Court of Russell. Assumpsit by Ann Palmer, suing for the use of Jesse A. Palmer, against Severance and Stewart, as the makers of several promissory notes. At the trial, usury was made one matter of defence, and to make it appear, Severance was^offered as a witness.
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Writ of Error to the Circuit Court of Russell. Assumpsit by Ann Palmer, suing for the use of Jesse A. Palmer, against Severance and Stewart, as the makers of several promissory notes. At the trial, usury was made one matter of defence, and to make it appear, Severance was^offered as a witness. The plaintiff objected to this, and insisted Severance must first put in writing Avhat he would swear to, so that if the plaintiff should contradict the same, no evidence of Severance should go to the jury. This position of the plaintiff was overruled, and the defendant, Severance, permitted to testify.…
1Opinion of the CourtGoldthwaite, J.
1. The allowance of one of the defendants as a witness to prove the fact of usury, before he had prepared and offered to the court a statement of the facts he intended to swear to, was certainly irregular, and directly at variance with the decisions of this court. [Richards v. Griffin, 5 Ala. Rep. 195; Logan v. Hodges, 7 Ib. 66.] But if the oath of the nominal plaintiff had been to the same effect as that which the statute calls for, we should incline against a reversal of the judgment. It is a mistake however to suppose »the statute authorizes the plaintiff to select any one fact, which the…
2Cases cited1 opinion
- Richards v. GriffinSupreme Court of Alabama · 1843
3Cited by4 opinions
- Goodman v. WalkerSupreme Court of Alabama · 1857
- Polly v. McCallSupreme Court of Alabama · 1860
- Falkner v. LeithSupreme Court of Alabama · 1848
- Collins v. MountainSupreme Court of Alabama · 1875