Calhoun v. Thompson
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before tbe Hon. Geo. ~W. Gunn, an attorney of tbe court, selected by tbe parties on account of the incompetency of tbe presiding judge.
Read the full summary
Appeal from the Circuit Court of Macon. Tried before tbe Hon. Geo. ~W. Gunn, an attorney of tbe court, selected by tbe parties on account of the incompetency of tbe presiding judge. This action was brought by Thomas B. Thompson, against Thomas J. Calhoun, to recover damages for tbe conversion of a borse ; and was commenced on tbe 11th August, 1878. The defendant pleaded “tbe general issue, with leave to give any special matter in evidence, and fraud; and plaintiff replied, with like leave.” Tbe borse in controversy belonged to Titsworth, Scott & Co., a mercantile firm in Montgomery, who were…
1Opinion of the CourtBbickell, C. J.
1. The humane maxim of the law is, that no one is bound to accuse himself. A witness, though *170a party to the suit, can not be compelled to answer any question, the answering of which may expose, or tend to expose him, to a criminal charge, or to any kind of punishment. — 2 Phill. Ev. 929; 1 Green. Ev. § 451. In the first instance, it is the province of the court to determine whether any direct answer to the question proposed will furnish criminating evidence against the witness. If it is not apparent such would be the tendency of the answer, the witness is not privileged from testifying.…
2Cases cited2 opinions
- People v. MatherNew York Supreme Court · 1830
- Hall v. StateSupreme Court of Alabama · 1867
3Cited by22 opinions
- Donegan v. WadeSupreme Court of Alabama · 1881
- Laster v. BlackwellSupreme Court of Alabama · 1900
- State v. DennyNorth Dakota Supreme Court · 1908
- Ex parte BoscowitzSupreme Court of Alabama · 1887
- Sparks v. J. S. Reeves & Co.Supreme Court of Alabama · 1910
17 more not listed; retrieve them via the Exa API.