M'Kinney's Executors v. M'Kinney's Administrators
Supreme Court of Alabama
This was an action of detinue, brought in the Circuit Court of Tuscaloosa county, in 1822, by JohnM’Kinney,. his lifetime, against Sarah M’Kinney as the administratrix of Alfred M’Kinney, deceased, to recover two slaves. During thependency of the suit, the plaintiff died, and the cause was revived by his executors; and also the defendant having intermarried, her husband was made a party defendant.
Read the full summary
This was an action of detinue, brought in the Circuit Court of Tuscaloosa county, in 1822, by JohnM’Kinney,. his lifetime, against Sarah M’Kinney as the administratrix of Alfred M’Kinney, deceased, to recover two slaves. During thependency of the suit, the plaintiff died, and the cause was revived by his executors; and also the defendant having intermarried, her husband was made a party defendant. At the March term, 1827, the issue was tried by a jury, and a verdict was found for the defendants. The plaintiffs took a hill df exceptions, certifying, that on the trial, they Offered the…
1Opinion of the Court
By JUDGE WHITE.
The only question insisted on in argument in this case is, that the Court' below erred in rejecting the deposition of one Thomas Smith, taken for the plaintiff, on the ground that said witness was the son-in-law of the plaintiff’s testator. In support of this .position, it is urged that Smith, notwithstanding he was a son-in-law, might have had no real interest that would have rendered him incompetent; and. that the defendant should have made a further shewing. Courts, in modern times, have leaned much against-the rejection of witnesses; but it is a well settled rule that when…
2Cited by2 opinions
- McGuire v. ShelbySupreme Court of Alabama · 1852
- Tatum v. ManningSupreme Court of Alabama · 1846