Wood v. Brewer & Brewer
Supreme Court of Alabama
Appeal from Macon Circuit Court. Tried before Hon. John P. Hup,bard. Tills was an action by Brewer & Brewer, transferees of one G-rabam, against Martba Wood.as tbe executrix of tbe last will and testament of R. II.
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Appeal from Macon Circuit Court. Tried before Hon. John P. Hup,bard. Tills was an action by Brewer & Brewer, transferees of one G-rabam, against Martba Wood.as tbe executrix of tbe last will and testament of R. II. Wood, deceased, and was founded on account for work and labor done by G-rabam for tbe defendant’s testator during the year 1875. Tbe defendant pleaded in short by consent, (1) the general issue,- and (2) “tbe statute of frauds as to a promise to pay tbe debt of anotherand •upon issues joined on these pleas tbe cause was tried, tbe trial resulting in a verdict and judgment for the…
1Opinion of the Court
STONE, J. —
What are to be considered transactions with, or statements by deceased persons, under section 3058 of the Code of 1876, is a cpiestion which very frequently comes before us. To come within the former class, it must be some act done by the deceased, or in the doing of which he personally participated. To be within the latter class, there must have been a conversation to which he was a party, in which his Statements, replies, or presumed admission from silence are sought to be introduced in evidence. In each case, to fall within the prohibited line, the transaction or statement must…
2Cases cited4 opinions
- Boykin v. SmithSupreme Court of Alabama · 1880
- Tisdale v. MaxwellSupreme Court of Alabama · 1877
- McCrary's Adm'r v. Rash's Adm'rSupreme Court of Alabama · 1877
- Wood v. Brewer & BrewerSupreme Court of Alabama · 1880
3Cited by25 opinions
- Mobile Liners, Inc. v. McConnellSupreme Court of Alabama · 1930
- Warten v. BlackSupreme Court of Alabama · 1915
- Southern Natural Gas Co. v. DavidsonSupreme Court of Alabama · 1932
- Miller v. Cannon & Co.Supreme Court of Alabama · 1887
- Borum v. BellSupreme Court of Alabama · 1902
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