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38 Ala. 357

Gordon v. Clapp

Supreme Court of Alabama

Decided January 15, 1862

Supreme Court of Alabama · decided 1862-01-15

David Campbell. This action was brought by Charles .A.- G^ipp, againisi' John W. Gordon, to recover the sum of-$604, alleged t© be “ due on account between plaintiff and.-defendant on the 1st January, 1860, and for work and labor.,.done, and materials furnished, by plaintiff for defendant.”' - On the trial, as the -bill of exceptions states, the plaintiff proved the performance of the work for which compensation was claimed; and the defendant, having introduced evidence…

Cited by 2 later decisions — most recently May 1927

2 state decisions

Relies on Sanford v. Howard

Good law ✅— No negative treatment on recordhow we know

Decided 1862-01-15

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STONE, J.

¶1We are not informed on what principle the plaintiff was permitted to prove his own declaration, made in the absence of the defendant, to the effect -“that he would not do the work under the contract with Barnard, but that he looked to the defendant individually for his pay.” The general rule is,, that a party’s ex-parte statements cannot become evidence for himself. To that rule there are exceptions, one of which is, that what a party says, contemporaneously with an act done, and explanatory of its nature, may be given in evidence as part of the res gestae. To bring a case within this rule, the declaration must be so connected with the fact it is sought to explain as to illustrate its character. — 1 Greenl. Ev. § 108. In the present case, the declaration was not at all explanatory of the work and labor done;. and hence we hold, that the declaration formed no part of the res■ gestae. We know of no principle of law on which .it.was admissible, and hold that the county court of Montgomery erred in its admission. — See Sanford v. Howard, 29 Ala. 684.

¶2Reversed and remanded.

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