United States v. Anderson
U.S. Circuit Court for the District of District of Columbia
Indictment for forging an order in the name of Mr. Dorsey, who was called as a witness for the United States. objects, and contends that no person, interested in setting aside the instrument, is competent as a witness, to prove the forgery. 2 Russell, 374; 4 Starkie, 573, 582, 583. In those States where a contrary doctrine prevails, it is by statute; and in England there is a late statute, 9 Geo. 4, c. 32, permitting such testimony; which statute would have been unnecessary…
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Indictment for forging an order in the name of Mr. Dorsey, who was called as a witness for the United States. objects, and contends that no person, interested in setting aside the instrument, is competent as a witness, to prove the forgery. 2 Russell, 374; 4 Starkie, 573, 582, 583. In those States where a contrary doctrine prevails, it is by statute; and in England there is a late statute, 9 Geo. 4, c. 32, permitting such testimony; which statute would have been unnecessary if it could be permitted by the common law. Ross’s case, 2 Dali. 239; Keating’s case, 1 Id. 110; 10 Petersdorff, 70. The…
1Opinion of the Court
The Court
(nem. con.') still rejected the testimony of Mr. Dorsey, because he was offered to prove a fact tending to prove the forgery.
See Porter’s case, in this Court, in 1812, (2 Cranch, C. C. 60,) where Jenkins, the person cheated, was examined as a witness for the prosecution. 2 Hawk. 433; 1 Raym. 396; Rex v. Whiting, M’Nally, 105, 124; Maxwell’s case, in this Court, (1 Cranch, *477C. C. 605;) Peake’s Ev. 94; Abrahams v. Bunn, 4 Burr. 2255; Smith v. Prager, 7 T. R. 60; Bent v. Baker, 3 Id. 27; Resp v. Ross, 2 Dall. 239. See Hardres, 331; 1 Salk. 283, 286; Str. 728, 1043; 1 Vent. 49; 2 Hawk. c.…
2Cases cited4 opinions
- United States v. PorterU.S. Circuit Court for the District of District of Columbia · 1812
- Respublica v. RossSupreme Court of the United States · 1795
- United States v. MaxwellU.S. Circuit Court for the District of District of Columbia · 1809
- United States v. BrownU.S. Circuit Court for the District of District of Columbia · 1827