Starke v. Keenan's ex'rs
Supreme Court of Alabama
Error to the County Court of Dallas. This was an action of assumpsit, by the plaintiffs, against the defendants in error. The defendants, among other pleas, interposed the plea of the statute of non-claim.
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Error to the County Court of Dallas. This was an action of assumpsit, by the plaintiffs, against the defendants in error. The defendants, among other pleas, interposed the plea of the statute of non-claim. To prove a presentation of the claim sued ton, within the time^ required by law, the plaintiffs offered in evidence, the written admission of F. S. Blount, one of the executors of the deceased, who had resigned subsequently to its execution, but who was still alive, and within the jurisdiction of the court. The court, on' motion of defendant’s counsel rejected the evidence, on the ground,…
1Opinion of the CourtOrmond, J.
The objection urged to the testimony rejected by the court is, that as it was the merc]admission of the existence of a fact, by one, who not being a party to the record might have been examined as a witness, it was mere hearsay, and was therefore properly excluded.
The general rule, certainly is, that admissions by persons who are not parties to the suit, though made against their interest, can*591not be given in evidence, but the rule does not apply to this case. The executor who made the written admission of the presentment of the claim here sought to be enforced, although not a party to the…
2Cases cited1 opinion
- Acre v. RossSupreme Court of Alabama · 1831
3Cited by6 opinions
- Martin v. Ellerbe's Adm'rSupreme Court of Alabama · 1881
- Bell v. PharrSupreme Court of Alabama · 1845
- Bogle v. Bogle's Adm'rSupreme Court of Alabama · 1853
- May v. ParhamSupreme Court of Alabama · 1880
- Grimball v. MastinSupreme Court of Alabama · 1884
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