Ross v. Pearson
Supreme Court of Alabama
Error to the Court of Probate of Randolph. This was an issue under the act of 1843, to try the validity of a claim filed by the defendant in error against the estate of Andrew Burnham, deceased, which had been regularly declared insolvent, and of which the plaintiff in error had been appointed administrator cle bonis non.
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Error to the Court of Probate of Randolph. This was an issue under the act of 1843, to try the validity of a claim filed by the defendant in error against the estate of Andrew Burnham, deceased, which had been regularly declared insolvent, and of which the plaintiff in error had been appointed administrator cle bonis non. The bill of exceptions shows, that the claim consisted of an account for goods, wares and merchandize sold, and money paid for said Burnham, by the firm of Pearson & Culbreath, of which the defendant in error was surviving partner. The account commenced in November, 1842,…
1Opinion of the CourtGoldthwaite, J.
— Tbe claim of tbe defendant in error was founded upon an account for goods, wares and merchandize sold to tbe intestate of tbe plaintiff in error, and money paid for bim ; and tbe first question which is presented irpon the record is, as to tbe admissibility of the evidence tending to show the indebtedness of tbe intestate fop tbe yoke of oxen. This indebtedness did not constitute any item of tbe account filed, and could not, therefore, have been given in evidence to support tbe claim against tbe estate, and bad it been received for that purpose, its admission would have been erroneous. But…
2Cases cited6 opinions
- Randolph v. CarltonSupreme Court of Alabama · 1845
- Kenan v. HollowaySupreme Court of Alabama · 1849
- Von Pheel v. ConnallySupreme Court of Alabama · 1839
- Miles v. MilesSupreme Court of Pennsylvania · 1844
- Roundtree v. HollowaySupreme Court of Alabama · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Cannon v. LindseySupreme Court of Alabama · 1887
- American Exchange Nat. Bank of Dallas v. KeeleyCourt of Appeals of Texas · 1931
- Clark v. Taylor & Co.Supreme Court of Alabama · 1880
- Jackson v. StateAlabama Court of Appeals · 1912
- Bates v. VarySupreme Court of Alabama · 1867
8 more not listed; retrieve them via the Exa API.