Hadjo v. Gooden
Supreme Court of Alabama
Error to the Circuit Court of Randolph. Before the Hon. G. Goldthwaite. This was an action of debt at the suit of the plaintiff, in error, on a bill single for $ 127 25. The cause being submitted to a jury, a verdict was returned for the defendant, and judgment was thereon rendered.
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Error to the Circuit Court of Randolph. Before the Hon. G. Goldthwaite. This was an action of debt at the suit of the plaintiff, in error, on a bill single for $ 127 25. The cause being submitted to a jury, a verdict was returned for the defendant, and judgment was thereon rendered. Upon a bill of exceptions sealed at the plaintiff’s instance, the following points are now presented for consideration. 1. Defendant introduced one Sharp as a witness, who testified, that in October, 1834, about two months after the'writing declared on was executed, the nominal plaintiff, who is a Creek Indian,…
1Opinion of the CourtCollier, C. J.
1. The production of the defendant’s' note to “Walla,” with the indorsement of a partial payment, dated in 1835, and subscribed by A. Elston, was not admissible to impair or destroy the effect of Sharp’s testimony, that it had been paid in 1834. The payment of that note was not an inquiry within the issue. Although the witness stated he was informed by the payee that it was paid, yet if his information was incorrect, what he said could not in any manner disprove what was stated by the nominal plaintiff in the present case, as to the discharge of the note now in suit. The evidence proposed was…
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3Cited by24 opinions
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- Lewis v. StateSupreme Court of Alabama · 1860
- Stone v. StateSupreme Court of Alabama · 1922
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