Watson v. Byers
Supreme Court of Alabama
Error to the Circuit Court of St. Clair. Assumpsit by the defendant against the plaintiff in error. Pleas, non-assumpsit, and the statute of limitations.
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Error to the Circuit Court of St. Clair. Assumpsit by the defendant against the plaintiff in error. Pleas, non-assumpsit, and the statute of limitations. Upon the trial, the plaintiff introduced a witness to prove thd account upon which the action was founded, who testified that he was present when the account was presented to the defendant, who admitted that a part of the account was correct, but did not state what portion of it, and neither admitted or denied, but was silent as to the residue. Whereupon the Court charged the jury, that, from the silence of the defendant, they might presume…
1Opinion of the Court
ORMOND, J
It is a familiar principle, laid down by all the writers on the law of evidence, that the silence of one, against whom a claim or right is asserted, may amount to an admission that the claim is just. This rule is founded on that instinct of our' nature, which leads us to resist an unfounded demand. There can, therefore, be no doubt, that if one asserts, in the presence and hearing of another, in such a manner as to entitle him to an *394answer, that he is indebted to him in a certain amount, that his silence will, in law, be an admission that the claim asserted is just. So, if, on the…
2Cited by6 opinions
- Gayle's Adm'r v. JohnstonSupreme Court of Alabama · 1882
- Perry v. JohnstonSupreme Court of Alabama · 1877
- Robinson v. BullockSupreme Court of Alabama · 1877
- Wheat v. CroomSupreme Court of Alabama · 1845
- Routen v. BostwickSupreme Court of Alabama · 1877
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