Clifton v. Sharpe

Supreme Court of Alabama

Clifton v. Sharpe

15 Ala. 618

CourtSupreme Court of Alabama

DecidedJanuary 15, 1849

StatusPublished

Cited by2 cases

This text of 15 Ala. 618 (Clifton v. Sharpe) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clifton v. Sharpe, 15 Ala. 618 (Ala. 1849).

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Opinion

DARGAN, J.

This case, falls directly within the principle, of the case of Houston v. Prewett, 8 Ala. 846. In that case, it was held, that a witness who was the real plaintiff, though not a party to the record, could not transfer his interest in the suit, so as to render himself competent. See also Bell v. Smith, 5 Barn. & Cres. 188. Here, although the suit is in the name of Sharpe, for the use of Battle, it was shown, that the bond was -in fact the property of Elias Fort, the witness, and that he put it in suit; and in order to render himself a competent witness, transfers his interest to his mother, at the time of the trial, and was then admitted to testify; The decisions we have referred to, forbid that he should testify on the. grounds of public policy. We do not see clearly, what influence his testimony ought to have had, but as it was illegal to admit it, the judgment must be reversed, and the cause remanded.

Collier, C. J., not sitting.

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DARGAN, J.

This case, falls directly within the principle, of the case of Houston v. Prewett, 8 Ala. 846. In that case, it was held, that a witness who was the real plaintiff, though not a party to the record, could not transfer his interest in the suit, so as to render himself competent. See also Bell v. Smith, 5 Barn. & Cres. 188. Here, although the suit is in the name of Sharpe, for the use of Battle, it was shown, that the bond was -in fact the property of Elias Fort, the witness, and that he put it in suit; and in order to render himself a competent witness, transfers his interest to his mother, at the time of the trial, and was then admitted to testify; The decisions we have referred to, forbid that he should testify on the. grounds of public policy. We do not see clearly, what influence his testimony ought to have had, but as it was illegal to admit it, the judgment must be reversed, and the cause remanded.

Collier, C. J., not sitting.

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Bluebook (online)

15 Ala. 618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clifton-v-sharpe-ala-1849.

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