Alexander v. Trask
Supreme Court of Alabama
Errok to the Circuit Court of Coffee. Tried before tbe Hon. John Grill Shorter. This was an action of debt by tbe defendant against tbe plaintiffs in error, on a claim bond wbicb they bad given for tbe trial of tbe right of property to a certain stock of goods. Tbe defendants pleaded non est factum,, nil debet, and performance. At tbe trial, tbe plaintiff offered tbe sheriff, by whom tbe bond was taken, to prove its execution.
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Errok to the Circuit Court of Coffee. Tried before tbe Hon. John Grill Shorter. This was an action of debt by tbe defendant against tbe plaintiffs in error, on a claim bond wbicb they bad given for tbe trial of tbe right of property to a certain stock of goods. Tbe defendants pleaded non est factum,, nil debet, and performance. At tbe trial, tbe plaintiff offered tbe sheriff, by whom tbe bond was taken, to prove its execution. Tbe court overruled tbe defendant’s objection to bis competency, and permitted him to testify, to wbicb defendants excepted. Plaintiff, having proved tbe loss of tbe…
1Opinion of the CourtChilton, J.
This was an action of debt brought by the defendants in error, upon a claim bond given under the statute for the trial of the right of property.
One of the pleas put in issue the factum of the bond, and the sheriff was introduced by the plaintiffs below to prove that the bond was executed by the defendants. He was objected to as incompetent, by reason of interest, but allowed to testify without a release; and this constitutes the ground of the first exception.
The general rule undoubtedly is, that a witness who has a direct interest in the event of the suit, cannot be allowed to testify. But…
2Cases cited6 opinions
- Read v. WalkerSupreme Court of Alabama · 1850
- Brooks v. HarrisonSupreme Court of Alabama · 1841
- Emerton v. AndrewsMassachusetts Supreme Judicial Court · 1808
- Bean v. PearsallSupreme Court of Alabama · 1847
- McGrew v. GovernorSupreme Court of Alabama · 1851
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