Governor v. Daily
Supreme Court of Alabama
Error to the County Court of Mobile. The witness was interested and incompetent — no release was executed to him. In an action against stage proprietors for negligence of the driver, driver is not a good witness without a release under seal. 2 Harrington’s R. 481. A plea of release would not be sustained by instrument not under seal. 2 lb. 481; 1 J. J. Marsh. 446 ; Logan v. Austin, 1 Stew. 476. A release must be under seal. Roscoe’s Ev. 82 : 4 Term Rep. 589; 13 Johns.
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Error to the County Court of Mobile. The witness was interested and incompetent — no release was executed to him. In an action against stage proprietors for negligence of the driver, driver is not a good witness without a release under seal. 2 Harrington’s R. 481. A plea of release would not be sustained by instrument not under seal. 2 lb. 481; 1 J. J. Marsh. 446 ; Logan v. Austin, 1 Stew. 476. A release must be under seal. Roscoe’s Ev. 82 : 4 Term Rep. 589; 13 Johns. Rep. 87; 21 Pick. 101; 3 Stew. 160; 2 Porter, 389 ; 9 Wend. 336. A writing with a scrawl annexed, but having no expression in…
1Opinion of the Court
GHILTON, J.'
This was an action of debt, on a constable’s bond, brought by the plaintiff in error against the de*471fendant. The declaration sets out the bond and condition, and assigns several breaches, among which is one breach a-verriugthat the defendant, Daily, as constable, by virtue ef a writ of seizure, issued by a justice of the peace, upon a complaint in the nature of. a libel against a flat boat called the Creole, did sieze upon and take said boat into his possession. That the libel was afterwards dismissed, and the said Daily refused to surrender and deliver up the said bóat t® Feny,…
2Cases cited2 opinions
- Ball v. Bank of AlabamaSupreme Court of Alabama · 1845
- Bender v. SampsonMassachusetts Supreme Judicial Court · 1814
3Cited by2 opinions
- Stanley v. NelsonSupreme Court of Alabama · 1856
- Feitl v. Chicago City Railway Co.Appellate Court of Illinois · 1904