Carter v. Mundy
Supreme Court of Alabama
Writ of Error to the Circuit Court of Butler. This was a proceeding for a forcible entry and detainer, pursuant to the statute, instituted by the defendant in error against Carter alone; a verdict and judgment having been recovered by the complainant, a certiorari was obtained by the defendant, who executed a bond with Ott as surety; conditioned for the successful prosecution of the cause in the circuit court.
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Writ of Error to the Circuit Court of Butler. This was a proceeding for a forcible entry and detainer, pursuant to the statute, instituted by the defendant in error against Carter alone; a verdict and judgment having been recovered by the complainant, a certiorari was obtained by the defendant, who executed a bond with Ott as surety; conditioned for the successful prosecution of the cause in the circuit court. The errors assigned in that court being adjudged insufficient, the judgment of the justice of the peace was affirmed, and rendered against the defendant and security for costs. Prom a…
1Opinion of the CourtCollier, C. J.
There is nothing in the record to indicate, that it was not shown the complainant had the actual possession of the premises in question ; the complainant explicitly alledges that such was the fact, and it cannot be intended that it was not proved at the trial.
It is well settled, that to disqualify a witness upon the ground of interest, it must be shown that he will either gain or lose by the direct legal operation and effect of the judgment, or that the record will be evidence, either for or against him in some other suit. It must be a present, certain and vested interest, and not uncertain,…
2Cases cited3 opinions
- Jackson ex dem. Church v. HillsNew York Supreme Court · 1828
- Stebbins v. SackettSupreme Court of Connecticut · 1824
- Massey v. RoganSupreme Court of Alabama · 1844
3Cited by2 opinions
- Caldwell v. LawlerSupreme Court of Alabama · 1881
- Martin v. StateSupreme Court of Alabama · 1856