Taylor v. Paullin
Supreme Court of Alabama
Writ of Error to the Court of Chancery sitting in Barbour county. The bill was filed by the defendant in error, alledging that 'the plaintiff and defendant had been partners in keeping a house of entertainment,, in Eufaula, that the partnership had been dissolved, and praying that an account be taken of the transactions of the concern, &c.
Read the full summary
Writ of Error to the Court of Chancery sitting in Barbour county. The bill was filed by the defendant in error, alledging that 'the plaintiff and defendant had been partners in keeping a house of entertainment,, in Eufaula, that the partnership had been dissolved, and praying that an account be taken of the transactions of the concern, &c. Upon the hearing, it was ordered and adjudged that the master take an account, that he examine the parties on oath, and receive such other and legal proofs as may be offered, From the report of the master, it appears that the items of account litigated…
1Opinion of the CourtCollier, C. J.
The only question in this case is, was Sheppard a competent witness to establish the fact to which he was examined before the master. If we were authorized to infer from the report, that he was examined for the purpose of proving the justness of his account, and the amount of it, we should be inclined to think that he was an incompetent witness to establish these facts. But after the most careful consideration, we are constrained to conclude that there was no controversy upon these points, or that the account was proved by testimony to which no exception was taken.
Looking then to the report,…
2Cited by1 opinion
- Deloach v. State BankSupreme Court of Alabama · 1855