Nichols v. Stewart
Supreme Court of Alabama
Error to the Circuit Court of Perry. Tried before the Hon. John D. Phelan. This case was brought into tbe Circuit Court, by a certiorari to tbe judgment of a justice of tbe'peace.
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Error to the Circuit Court of Perry. Tried before the Hon. John D. Phelan. This case was brought into tbe Circuit Court, by a certiorari to tbe judgment of a justice of tbe'peace. On tbe trial in tbe Circuit Court, one Wallis was examined as a witness for tbe plaintiff, wbo swore that before tbe suit was brought before tbe justice, be was present at a conversation between tbe parties, in which tbe plaintiff called on tbe defendant to pay him an account for beef; that tbe defendant replied that be did not have tbe money, but would pay him as soon as be could get it. On cross-examination, this…
1Opinion of the CourtGoldthwaite, J.
The principal question presented in this case arises upon the admission of the letter of the witness Wallis, for the purpose of sustaining his testimony after it had been impeached, by proof that his evidence given on the trial of the same case before the magistrate was inconsistent with the facts stated by him as a witness in the Circuit Court. It is certainly true that admissions of this character, are sometimes received for the purpose of sustaining and corroborating the evidence of a witness who stands before the court in a suspicious attitude; as where he is a near connex-ion of the…
2Cases cited2 opinions
- Robb v. Hackley & WeltonNew York Supreme Court · 1840
- Cooke v. CurtisCourt of Appeals of Maryland · 1823
3Cited by31 opinions
- Griffin v. StateSupreme Court of Alabama · 1884
- Wesson v. StateSupreme Court of Alabama · 1939
- Varner v. StateCourt of Criminal Appeals of Alabama · 1986
- Whizenant v. StateSupreme Court of Alabama · 1882
- Jones v. StateSupreme Court of Alabama · 1894
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