Duggar v. Pitts
Supreme Court of Alabama
Appeal from. Marengo Circuit Court. Heard before Hon John T. Lackland. This was an action for services as physician, begun by Dr. Pitts against the estate of W. W. Duggar, for services performed for Duggar before his death.
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Appeal from. Marengo Circuit Court. Heard before Hon John T. Lackland. This was an action for services as physician, begun by Dr. Pitts against the estate of W. W. Duggar, for services performed for Duggar before his death. The plaintiff tvas introduced as a witness on his own behalf, and permitted to' testify, over the objection of the defendant administrator, to the number of visits made by him to the deceased, the medicines furnished him, the operations performed upon him, and of their disagreeable nature. The original entries made by him upon his books of his visits to deceased were also…
1Opinion of the CourtAnderson, J.
Section 1794 of the Code of 1.896 was intended to remove the ban of incompetency placed by the common law against parties of interest as witnesses, “except that no person having a pecuniary interest in the result of the suit or proceeding shall be allowed to testify against the party to whom his interest is opposed as to any transaction with or statement by the deceased person whose -estate is interested in the result or proceedings.” “The policy of the exception is the exclusion of parties in interest from testifying to transactions with or statements by a. deceased person, when ihe purpose…
2Cases cited9 opinions
- Boykin v. SmithSupreme Court of Alabama · 1880
- Miller v. Cannon & Co.Supreme Court of Alabama · 1887
- Wood v. Brewer & BrewerSupreme Court of Alabama · 1882
- Sanders v. SteenSupreme Court of Alabama · 1900
- Borum v. BellSupreme Court of Alabama · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Barnett's Administrator v. BrandCourt of Appeals of Kentucky · 1915
- Norton v. LiddellSupreme Court of Alabama · 1967
- Warten v. BlackSupreme Court of Alabama · 1915
- Southern Natural Gas Co. v. DavidsonSupreme Court of Alabama · 1932
- Dickey v. StateAlabama Court of Appeals · 1916
5 more not listed; retrieve them via the Exa API.