Campbell v. Wilson
Texas Supreme Court
Error from Austin. Tried below before the Hon. James H. Bell. This was a suit by Micah P. Wilson, the defendant in error, against William O. Campbell, the plaintiff in error, on a promissory note for $100. The defendant set up the defence of infancy, alleging, in his answer, that he was under the age of twenty-one years, at the time of the making and delivery of the note sued on.
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Error from Austin. Tried below before the Hon. James H. Bell. This was a suit by Micah P. Wilson, the defendant in error, against William O. Campbell, the plaintiff in error, on a promissory note for $100. The defendant set up the defence of infancy, alleging, in his answer, that he was under the age of twenty-one years, at the time of the making and delivery of the note sued on. On the trial, the defendant, in support of his defence, offered in evidence the family record of births, deaths, &c., of the members of his father’s family, contained in a Bible, which was produced. John Campbell, a…
1Opinion of the CourtWheeler, C. J.
Infancy is a personal privilege, or exemption, -and the burden of proof rests on the person setting up the privilege. The assertion of this principle was what was meant, by the charge of the court complained of; and it would doubtless be so understood. There is no reason to apprehend that the jury were misled by the charge.
The entries in the family Bible, offered to prove the date of the defendant’s birth, were excluded upon the ground, that there was better evidence accessible, his mother being within reach of the process of the court. In this, there was no error. It has been considered,…
2Cases cited1 opinion
- Leggett v. BoydNew York Supreme Court · 1829
3Cited by10 opinions
- Buzzard v. CommonwealthSupreme Court of Virginia · 1922
- People v. MayneCalifornia Supreme Court · 1897
- State v. MillerSupreme Court of Kansas · 1905
- Stone v. StateCourt of Criminal Appeals of Texas · 1903
- Krause v. HardinCourt of Appeals of Texas · 1920
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