Wheeler v. Stockdale

Supreme Court of Alabama

Wheeler v. Stockdale

22 Ala. 658

DecidedJanuary 15, 1853

StatusPublished

This text of 22 Ala. 658 (Wheeler v. Stockdale) 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

Wheeler v. Stockdale, 22 Ala. 658 (Ala. 1853).

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Opinion

LIGON J.'

Tbe only assignment of error in this case is, that tbe court permitted tbe defendant to testify in tbe absence of tbe plaintiff, and when the latter had attempted to make out bis case by tbe testimony of other witnesses. Tbe amount in controversy was under twenty dollars, and tbe case was an appeal from a justice of tbe peace. Tbe examination of either party is fully authorized by our statute. Clay’s Digest, 860 § 12. If tbe plaintiff failed to be present at the trial of bis case, bis absence cannot deprive the defendant of bis legal right to testify.

Let tbe judgment be affirmed.

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LIGON J.'

Tbe only assignment of error in this case is, that tbe court permitted tbe defendant to testify in tbe absence of tbe plaintiff, and when the latter had attempted to make out bis case by tbe testimony of other witnesses. Tbe amount in controversy was under twenty dollars, and tbe case was an appeal from a justice of tbe peace. Tbe examination of either party is fully authorized by our statute. Clay’s Digest, 860 § 12. If tbe plaintiff failed to be present at the trial of bis case, bis absence cannot deprive the defendant of bis legal right to testify.

Let tbe judgment be affirmed.

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22 Ala. 658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheeler-v-stockdale-ala-1853.