United States v. Birch

District of Columbia

United States v. Birch

1 D.C. 571

CourtDistrict Court, District of Columbia

DecidedNovember 15, 1809

StatusPublished

This text of 1 D.C. 571 (United States v. Birch) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Birch, 1 D.C. 571 (D.D.C. 1809).

Pincite

Opinion

The Court

said that the interest was direct and that the witness was incompetent.

Mr. E. J. Lee contended that evidence that the defendant’s wife sold, is not evidence that the defendant sold, and that the day must be proved as laid.

The Court said, if the selling by the wife was with the assent of the husband, it is to be considered as the selling by the husband.

Mr. Lee abandoned the point as to the day.

But the Court thought the day was not material.

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The Court

said that the interest was direct and that the witness was incompetent.

Mr. E. J. Lee contended that evidence that the defendant’s wife sold, is not evidence that the defendant sold, and that the day must be proved as laid.

The Court said, if the selling by the wife was with the assent of the husband, it is to be considered as the selling by the husband.

Mr. Lee abandoned the point as to the day.

But the Court thought the day was not material.

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Bluebook (online)

1 D.C. 571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-birch-dcd-1809.