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23 Tex. 411

Kerr v. Cotton

Texas Supreme Court

Decided July 1, 1859

Texas Supreme Court · decided 1859-07-01

Tried below before the Hon. M. P. Norton. Held: that he was competent to testify. . The affidavit proposed to prove, that, on the 26th day of May, 1857, the plaintiffs received by the hands of Mr. Robuck, a letter dated May 20th, 1857, together with the money therein mentioned, and the order to Biscoe & Simms.

Good law ✅— No negative treatment on recordhow we know

Decided 1859-07-01

How this case has been cited

Cited by 3 later decisions — most recently November 1971

3 state decisions

101859186018701880189019001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Wheeler, C. J.

¶1We are of opinion, that the court did not err, in excluding the affidavit and letter of the plaintiff, offered to prove the remittance and loss of the money. The plaintiffs were acting as the defendant’s agents; and there is nothing in the case to take it out of the general rule, that a party cannot be his own witness, or manufacture evidence for himself.

¶2Moreover, the remittance of the money, appears to have been in a manner unauthorised by the understanding between the parties; and so at the plaintiffs’ own risk. There is no error in the judgment, and it is affirmed.

¶3Judgment affirmed.

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