Bradshaw v. Combs
Illinois Supreme Court
Writ of Error to the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Madison county; the Hon. Amos Watts, Judge, presiding. On the 13th of July, 1865, George A. Miller and W. S. Combs made their joint and several promissory note for the sum of $1350, payable to Patience C. Morrison, or order, two years after date, with interest from date, at the rate of eight per cent per annum, payable annually.
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Writ of Error to the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Madison county; the Hon. Amos Watts, Judge, presiding. On the 13th of July, 1865, George A. Miller and W. S. Combs made their joint and several promissory note for the sum of $1350, payable to Patience C. Morrison, or order, two years after date, with interest from date, at the rate of eight per cent per annum, payable annually. This note was delivered to A. W. Brown, for Mrs. Morrison, to secure the repayment, with interest, to her of $1350 in cash, lent to Miller through…
1Opinion of the CourtJustice Dickey
Counsel for plaintiff in error contends that under our statute Miller, being a party to this suit, could not properly be allowed to testify for Combs upon this point, because the fact sworn to occurred before the death of Mrs. Morrison. He relies upon the provisions of the act of 1867 as to the competency of witnesses, which is now, with some additions and modifications not affecting this question, incorporated in the first eight sections of chapter 51 in the Revised Statutes of 1874, entitled “Evidence and Depositions.” Before the passage of that act, by the rules and usages of courts of…
2Cited by17 opinions
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- White v. RossIllinois Supreme Court · 1893
- McKay v. RileyIllinois Supreme Court · 1891
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