11 F. Cas. 365
U.S. District Court
Decided November 15, 1802
U.S. District Court · decided 1802-11-15
Trespass for ordering an execution to be served on the plaintiff’s goods, at the suit of the defendant [James Russell], against James and Robert Hamilton. The goods had been taken in the possession of Robert, and the defendant alleged that the deed of conveyance under which the plaintiff [Thomas Hamilton] claims, was fraudulent as to the creditors. The plaintiff offered Robert Hamilton as a witness.
Cited by 2 later decisions (2 by the Supreme Court) — most recently March 1831
Good law ✅— No negative treatment on recordhow we know
Decided 1802-11-15
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¶1But
¶2were unanimously of opinion that the possession, or the probability that his brother would suffer him to remain in possession, was not such an interest as affected his competency, but went only to his credibility. (See the other points of this case in the report of it in the supreme court of the United States, 1 Cranch [5 U. S.l 309, where the judgment of this court was affirmed.)
¶3[The question of the competency of the witness does not seem to have been raised in the supreme court.]