Mifflin v. Bingham
Supreme Court of the United States
The plaintiffs, being disappointed in their evidence, voluntarily suffered a nonsuit. The following points, however, were resolved in the course of the trial; to illustrate which, it is necessary to relate the leading circumstances of the case. The plaintiffs were *owners of a privateer called [-*073 the Rattlesnake, commanded by Captain McCullough.
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The plaintiffs, being disappointed in their evidence, voluntarily suffered a nonsuit. The following points, however, were resolved in the course of the trial; to illustrate which, it is necessary to relate the leading circumstances of the case. The plaintiffs were *owners of a privateer called [-*073 the Rattlesnake, commanded by Captain McCullough. This privateer, *- having taken a valuable prize, during the late war with Great Britain, carried her into Martinique, where the defendant resided as agent for the United States. At the time of her arrival, the defendant was exceedingly…
1Opinion of the Court
McKean, Chief Justice.
There are two ways of proving a witness to be interested in a cause — first, by examining him on his voir dire ; or, secondly, by showing his interest from other evidence, either parol or written. But both these ways cannot be pursued at the same time ; for the election of the one conclusively bars any subsequent recourse to the other, (a) The defendant’s cross-examination under the rule in this case, is not, however, upon the same footing with an examination upon the voir dire; and therefore, we do not think that he is now precluded from the advantage of any legal…
2Cases cited1 opinion
- Wallace v. MeaseSupreme Court of Pennsylvania · 1808
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