Wall v. Williams
Supreme Court of Alabama
Writ of Error to the Circuit Court of Sumter. The defendant in error declared against the plaintiff in as-sumpsit on a promissory note, dated the 18th October, 1837, by which she promised to pay him on or before the first day of January next thereafter, $133 75. The defendant pleaded —1. Non-assumpsit. 2. That the plaintiff ought not to have and maintain his action, &c. because she says that at the time of making the several supposed promises and undertakings in the…
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Writ of Error to the Circuit Court of Sumter. The defendant in error declared against the plaintiff in as-sumpsit on a promissory note, dated the 18th October, 1837, by which she promised to pay him on or before the first day of January next thereafter, $133 75. The defendant pleaded —1. Non-assumpsit. 2. That the plaintiff ought not to have and maintain his action, &c. because she says that at the time of making the several supposed promises and undertakings in the declaration mentioned, she was the wife of one David W. Wall, to wit, &c.; and this she is ready to verify, &c. To the second…
1Opinion of the CourtCollier, C. J.
The question proposed by the defend-. *834ant below, to her witness, Brashears, and his answer thereto, were rightly excluded by the circuit court. It is the province of a witness to narrate facts, and for the judge to decide the law arising upon them. But here the inquiry addressed to the witness required him to state, what was the status of the defendant and her supposed husband — a conclusion of law depending upon facts: the fact was matter of proof, but the effect of it was • referable to the court. The case of Spence v. Mitchell, 9 Ala. Rep. 744, is unlike the present ; there an objection…
2Cases cited5 opinions
- Hantz v. SealySupreme Court of Pennsylvania · 1814
- State v. MurphySupreme Court of Alabama · 1844
- Spence v. MitchellSupreme Court of Alabama · 1846
- Wall v. WilliamsonSupreme Court of Alabama · 1845
- Carter v. ManningsSupreme Court of Alabama · 1845
3Cited by23 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Johnson v. Johnson's AdministratorSupreme Court of Missouri · 1860
- Piel v. BrownSupreme Court of Alabama · 1978
- Fuquay v. StateSupreme Court of Alabama · 1927
- Cyr v. WalkerSupreme Court of Oklahoma · 1911
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