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Innis v. Miller

Innis Versus Miller

Innis v. Miller, 2 U.S. (2 Dall.) 50 (1790)
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Court
Supreme Court of the United States
Decided
August 1, 1790
Citations
2 U.S. 502 Dall. 50
Cited by 5 Original from court
Summary
REPLEVIN.—The Defendant offered Francis Bailey, as a witness; who being sworn on his voir dire, said “that he was a judgment creditor of the defendant’s; that he expected, if the defendant recovered, to be paid, at least a part of his debt; and that he did not know that the defendant had any other property than what was involved in the Replevin, to satisfy him; but, on the contrary, he believed that his payment depended on the defendant’s recovery.” It appeared, likewise, that Bailey was the attorney in fact of the defendant, and in that character was active in prosecuting this, and other suits. who cited 1 Dall. p. 62, M'Veaugh v. Goods. And supported by Serjeant, who cited Abrams v. Bunner.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion

BY THE COURT:

The law on this subject has been fully settled in the modern cases, by an accurate discrimination between the competency and the credibility of witnesses. The stream of justice should, however, be preserved clear and uncontaminated and although a creditor is not excluded frogiving testimony, as such; yet if he acknowledges an expedition, that he shall be bettered by the fate of the cause, (as in the case of M'Veaugh v. Goods, which was properly ruled) he is sensible of a positive interest, that must give a biass to his mind. From the answers of the witness, therefore, we must reject his testimony.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 5 cases

View all citing references →
1818–1819: 11824–1825: 11826–1827: 11834–1835: 11836–1837: 118182026peak 1818 · 1

Relies on it most ⓘ

  1. Boyer v. Kendall14 Serg. & Rawle 178 (1826)
  2. Commercial Bank v. Hughes17 Wend. 94 (N.Y. Sup. Ct. 1837)
  3. Raymond v. Simonson4 Blackf. 77 (1835)
  4. Stebbins v. Sackett5 Conn. 258 (1824)
  5. Long v. Bailie4 Serg. & Rawle 222 (1818)

Most recent

  1. Commercial Bank v. Hughes17 Wend. 94 (N.Y. Sup. Ct. 1837)
  2. Raymond v. Simonson4 Blackf. 77 (1835)
  3. Boyer v. Kendall14 Serg. & Rawle 178 (1826)
  4. Stebbins v. Sackett5 Conn. 258 (1824)
  5. Long v. Bailie4 Serg. & Rawle 222 (1818)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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