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17 Ala. 61

Aston v. Jemison

Supreme Court of Alabama

Decided June 15, 1849

Supreme Court of Alabama · decided 1849-06-15

This was an action for services rendered by the plaintiff as engineer on the steamer General Sumter, against the defendant as an alleged joint owner of said boat. To sustain his case the plaintiff introduced as a witness one Massey, who testified thát he, his brother and the defendant were the joint owners of the steamer.

Decided 1849-06-15

CHILTON, J.

¶1If the plaintiff succeed in his action against ■Jemison, as part owner of the steamboat Gen’l Sumter, the ■effect of the judgment is to make him responsible for the whole demand and to 'turn him round upon the other part owners for contribution. The-object, as well as the direct tendency of the testimony of the witness, Massey, was to make the defendant share with him the payment of the demand sued for. He was then directly interested in sustaining the plaintiff’s action, as he thereby lessened his own liability in the proportion as he established Jemison’s interest in the boat. It follows, that being an interested witness, he was incompetent to testify, and was properly rejected by the court. — See Ripley v. Thompson et al., 12 Moore, 55; S. C. 22 Eng. C. L. Rep. 433; Lewis v. Post & Main, 1 Ala. Rep. 65; Macbrain v. Fortune, 3 Camp. Rep. 317; Brown v. Brown, 4 Taunt. 752; Thornton v. Kerr & Hope, 6 Ala. Rep. 823.

¶2The judgment of the County Court must be affirmed.

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