Report of Cases Argued And Determined in the Supreme Court of Alabama volume 21
Report of Cases Argued And Determined in the Supreme Court of Alabama volume 21
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In our eReader you can find the full English version of the book. Read Report of Cases Argued And Determined in the Supreme Court of Alabama volume 21 Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Report of Cases Argued And Determined in the Supreme Court of Alabama volume 21
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To quickly assess the difficulty of the text, read a short excerpt:
" The admission of the evidence is now assigned for error.
WATTS, JUDGE & JACKSON, and GAYLE & GAYLE, for plain- tiff in error : 1. Isam Bilberry was defendant in execution, and if pre- sent, could not have been examined as a witness. See Acts of 1845, p. 136, 2. If the defendant in execution could not testify, his declarations are inadmissible. It would be an anomaly to exclude a man, (if present, ) and admit his declara- tions, (when absent. ) 2. Independent of the statute, his declarations w...ere inad- missible, because he was not in possession of the property when they were made, and Henry Bilberry was not present. See Mobley, use, &c. , v. Bilberry, 17 Ala. , 428, 1 ; McBride and Wife v. Thompson, 8 Ala, 650 ; and case cited in 17 Ala. , 428, sujwu.
3. The instruction ol the court to the jury does not cure the error, or relieve the claimant from injury. It was erroneous, too, because the declarations of Isam, under no circumstances, could be admitted to involve any but himself. If he had said, under a different state of facts, that he intended to commit a fraud, such declaration might have been admissible ; but the declaration allowed to go to the jury embraces and involves the claimant in the fraud.
What to read after Report of Cases Argued And Determined in the Supreme Court of Alabama volume 21?
You can find similar books in the "Read Also" column, or choose other free books by Alabama Supreme Court to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
" The admission of the evidence is now assigned for error.
WATTS, JUDGE & JACKSON, and GAYLE & GAYLE, for plain- tiff in error : 1. Isam Bilberry was defendant in execution, and if pre- sent, could not have been examined as a witness. See Acts of 1845, p. 136, 2. If the defendant in execution could not testify, his declarations are inadmissible. It would be an anomaly to exclude a man, (if present, ) and admit his declara- tions, (when absent. ) 2. Independent of the statute, his declarations w...ere inad- missible, because he was not in possession of the property when they were made, and Henry Bilberry was not present. See Mobley, use, &c. , v. Bilberry, 17 Ala. , 428, 1 ; McBride and Wife v. Thompson, 8 Ala, 650 ; and case cited in 17 Ala. , 428, sujwu.
3. The instruction ol the court to the jury does not cure the error, or relieve the claimant from injury. It was erroneous, too, because the declarations of Isam, under no circumstances, could be admitted to involve any but himself. If he had said, under a different state of facts, that he intended to commit a fraud, such declaration might have been admissible ; but the declaration allowed to go to the jury embraces and involves the claimant in the fraud.
What to read after Report of Cases Argued And Determined in the Supreme Court of Alabama volume 21?
You can find similar books in the "Read Also" column, or choose other free books by Alabama Supreme Court to read onlineMoreLess
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