Stewart v. Conner
Supreme Court of Alabama
Error to the Circuit Court of Pickens. Judgment rendered by his Honor Samuel Chapman. Assumpsit by the defendant, against the plaintiff in error. The questions presented, arise out of a bill of exceptions. The plaintiff called a witness to the stand, and examined him without objection.
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Error to the Circuit Court of Pickens. Judgment rendered by his Honor Samuel Chapman. Assumpsit by the defendant, against the plaintiff in error. The questions presented, arise out of a bill of exceptions. The plaintiff called a witness to the stand, and examined him without objection. On the next day, in the further progress of the trial, he was again called to the stand by the plaintiff to be examined, to another point of the cause, and defendant proposed to examine him first, as to his interest, which was objected to, because not made the day previous, and it was not stated that the facts…
1Opinion of the CourtCollier, C. J.
1. This cause was before this court at a previous term, but the points then considered are not decisive of either of the questions now presented. 9 Ala. Rep. 818. The competency of the witness, Stith, was rested by the circuit judge, upon the grounds that he had no interest in the result of the suit, which disqualified, and if he had, the objection to him came too late.
It was stated by the witness that he .was one of the plaintiff’s counsel, and supposing his client would have no other means of compensating his services, he took an assignment *98from him of a part of the judgment which had been…
2Cases cited8 opinions
- Juzan v. ToulminSupreme Court of Alabama · 1846
- Stewart v. ConnerSupreme Court of Alabama · 1846
- Somes v. SkinnerMassachusetts Supreme Judicial Court · 1820
- Morse v. StateSupreme Court of Connecticut · 1825
- Phillips v. ThompsonNew York Court of Chancery · 1817
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3Cited by2 opinions
- Gray's Executors v. BrownSupreme Court of Alabama · 1853
- Orendorff v. TallmanSupreme Court of Alabama · 1890