Daily's Adm'r v. Daily
Supreme Court of Alabama
Appeal from the Circuit Court of Blount. Tried before the Hon. Louis Wyeth. This action was brought by Lucinda Daily against George J. Daily, as the administrator of the estate of George Daily, deceased ; and was commenced before a justice of the peace, on the 16th March, 1878. In the justice’s court, the plaintiff filed a complaint, claiming $57.75, alleged to be “ due bv account on the 27th November, 1876, with interest thereon”; and the justice’s docket states that the…
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Appeal from the Circuit Court of Blount. Tried before the Hon. Louis Wyeth. This action was brought by Lucinda Daily against George J. Daily, as the administrator of the estate of George Daily, deceased ; and was commenced before a justice of the peace, on the 16th March, 1878. In the justice’s court, the plaintiff filed a complaint, claiming $57.75, alleged to be “ due bv account on the 27th November, 1876, with interest thereon”; and the justice’s docket states that the complaint was amended, but does not show what the amendment was; nor does the record show what complaint, if any, was…
1Opinion of the CourtStone, J.
There is nothing in the objection that Neely Daily was incompetent to testify as a witness in this case. He was not a party to the suit. In fact, he had no interest in the result of the suit, as that phrase is understood in the law. The statute, in its letter, is confined to parties to the suit. “ Neither party shall be allowed to testify against the •other, as to any transaction with, or statement by any deceased person, whose estate is interested in the result of such suit.” Code of 1876, § 3058. There is a clause in the statute, making a further exception to the general rule allowing…
2Cases cited8 opinions
- Henderson v. SimmonsSupreme Court of Alabama · 1858
- Alabama Gold Life Insurance v. SledgeSupreme Court of Alabama · 1878
- Tisdale v. MaxwellSupreme Court of Alabama · 1877
- McCrary's Adm'r v. Rash's Adm'rSupreme Court of Alabama · 1877
- Burdine v. RoperSupreme Court of Alabama · 1845
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Taylor v. CrookSupreme Court of Alabama · 1902
- Esslinger v. SpraginsSupreme Court of Alabama · 1938
- Hunnicutt v. HigginbothamSupreme Court of Alabama · 1903
- Louisville Trust Co. v. MorganCourt of Appeals of Kentucky · 1918
- Spotswood v. BentleySupreme Court of Alabama · 1902
8 more not listed; retrieve them via the Exa API.