13 Ala. 324 | Ala. | 1848
The plaintiff, having offered evidence
2. It is insisted by the plaintiff’s counsel that the declarations of the plaintiff, made a few days anterior to the issuance of the attachment, are evidence, as explaining his intention, that he intended leaving the State temporarily. No effort was made to show that the defendant was advised of these declarations before he sued out the attachment, nor is it pretended that he knew, or had heard of them. We cannot see upon what principle they can be allowed. Declarations accompanying an act of a party, from the proof of which act, an inference is sought to be drawn prejudicial to him, are received in evidence, as characterizing it, and as explanatory of the intention with which it is done. Yarbrough v. Moss, 9
3. The proof offered by the plaintiff, “ that it was generally reputed in the neighborhood in which he lived, that he was-going to Arkansas on a temporary visit, and would shortly return,” was properly excluded. The cases of Pitts v. Burroughs, supra, and Powell v. The Governor, 9 Ala. Rep. 36, are conclusive upon this point, to show the proof illegal.
4. The declarations of the plaintiff, made after the attach.ment issued, even had they been connected with his departure, could not, upon any legal principle, have been received as evidence for him. To allow such ptoof, would be to permit the party by his declarations to manufacture proof for himself. The case of Cox v. Easley, 11 Ala. Rep. 362, is pointed to show the exclusion of the declarations was