Hallet v. O'Brien
Supreme Court of Alabama
Writ of error to the County Court of Mobile county. ASSUMPSIT for work and labor. The pleas pleaded by the defendants, do no appear in the transcript, but it does appear that a trial was had on an issue submitted to the jury. In the progress of this trial, the plaintiff, O’Brien, offered one Keho, as a witness, to whom the defendants objected, supposing him to be incompetent, on account of interest.
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Writ of error to the County Court of Mobile county. ASSUMPSIT for work and labor. The pleas pleaded by the defendants, do no appear in the transcript, but it does appear that a trial was had on an issue submitted to the jury. In the progress of this trial, the plaintiff, O’Brien, offered one Keho, as a witness, to whom the defendants objected, supposing him to be incompetent, on account of interest. To establish his incompetency, they gave in evidence an instrument in writing, signed by the witness and Joshua Kennedy, the defendants testator, by which it appeared that the witness had agreed…
1Opinion of the CourtGoldthwaite, J.
We fully, agree with the counsel for the plaintiff in error, that it would be improper to permit a witness to disprove his interest, when that is oqce established, , but in this case,, the. interest did not appear from the mere, inspection of the writings- given in. evidence; these established nothing more, than the fact that a contract had. been made by the Vvitness to do a particular job of work; that this work was the same, for a portion of which the. plaintiff sought a recove-, ry, no where appears- except from- the statement of the witness. Whether this statement,, connected with the…
2Cases cited3 opinions
- Emerton v. AndrewsMassachusetts Supreme Judicial Court · 1808
- Milward v. HallettNew York Supreme Court · 1804
- Anderson v. The President, Directors, & Co. of the Highland TurnpikeNew York Supreme Court · 1819
3Cited by2 opinions
- Andre v. BodmanCourt of Appeals of Maryland · 1859
- Myatt v. LockhartSupreme Court of Alabama · 1848