Legal Opinion

Gilliam's Administrator v. Perkinson's Administrator

Court of Appeals of Virginia

Decided June 3, 1826PublishedCited by 7 opinions

This was an appeal from the Superior Court of Law for Prince George county. Perkinson brought an action against Gilliam, to recover compensation for his services as an overseer. A written agreement was entered into by the parties, containing the terms of the contract, signed by the parties, and attested by Charles A. Gilliam and Cannon Perkinson. The latter only made his mark. The defendant pleaded, and issue was joined.

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This was an appeal from the Superior Court of Law for Prince George county. Perkinson brought an action against Gilliam, to recover compensation for his services as an overseer. A written agreement was entered into by the parties, containing the terms of the contract, signed by the parties, and attested by Charles A. Gilliam and Cannon Perkinson. The latter only made his mark. The defendant pleaded, and issue was joined. At the trial, the plaintiff introduced the said agreement; but the defendant objected to it, on the ground that Charles A. Gilliam, one of the subscribing witnesses, was a…

1Opinion of the Court

Judge Carr.

Gilliam and Perkinson, entered into written articles of agreement, by which Gilliam employed Perkinson as *326his overseer. This agreement was witnessed by Charles A. Gilliam and Cannon Perkinson, the first writing his name, the last making his mark. The overseer and his employer disagreed, and the overseer sued on the agreement At the trial, it was admitted that Charles A. Gil-Ham, the witness who wrote his name, was a mulatto, and incapable of giving evidence; and that the other witness, who made his mark, was dead. The question was, whether the plaintiff should be permitted to prove…

2Cases cited2 opinions

  1. Homer v. WallisMassachusetts Supreme Judicial Court · 1814
  2. Clark v. SandersonSupreme Court of Pennsylvania · 1810

3Cited by7 opinions

  1. Landers v. BoltonCalifornia Supreme Court · 1864
  2. Jones v. HoughSupreme Court of Alabama · 1884
  3. Mott v. DoughtyNew York Supreme Court · 1800
  4. Lee v. TapscottCourt of Appeals of Virginia · 1796
  5. Lee v. TapscottCourt of Appeals of Virginia · 1796

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