Legal Opinion

United States v. Anderson

U.S. Circuit Court for the District of District of Columbia

Decided November 15, 1834Published

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

  1. United States v. PorterU.S. Circuit Court for the District of District of Columbia · 1812
  2. Respublica v. RossSupreme Court of the United States · 1795
  3. United States v. MaxwellU.S. Circuit Court for the District of District of Columbia · 1809
  4. United States v. BrownU.S. Circuit Court for the District of District of Columbia · 1827

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