Scott v. Coxe's Adm'rs
Supreme Court of Alabama
Error to tbe Circuit Court of Chambers. Tried before the Hon. Eobert Dougherty. Assumpsit by the defendants in error against Scott, to recover upon certain promissory notes made by him to their intestate. On the trial, Scott attempted to establish an indebtedness of the intestate to him for articles of provisions, liquors, &c., sold by him to the intestate in his life time.
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Error to tbe Circuit Court of Chambers. Tried before the Hon. Eobert Dougherty. Assumpsit by the defendants in error against Scott, to recover upon certain promissory notes made by him to their intestate. On the trial, Scott attempted to establish an indebtedness of the intestate to him for articles of provisions, liquors, &c., sold by him to the intestate in his life time. The proof on this point, as disclosed by a bill of exceptions taken at the trial, was, that Scott, about the 17th April, 1848, commenced keeping a family grocery, and selling such articles as sugar, coffee, flour, salt,…
1Opinion of the CourtChilton, J.
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The court properly rejected the evidence offered. If admissible in any aspect, it could only have been received upon the hypothesis that all the articles which were consumed by the intestate and his family, or which were required to supply the family, were purchased of Scott, during the period when the intestate was in the habit of making purchases. The proof which was rejected, depending for its legality upon this preliminary fact, it was for the court to determine whether the fact upon which it depended was established. “It is the province of the presiding judge,” says Gfreenleaf, “to…
2Cases cited2 opinions
- Grant v. Cole & Co.Supreme Court of Alabama · 1845
- Hale v. BrownSupreme Court of Alabama · 1847
3Cited by3 opinions
- McGehee v. MahoneSupreme Court of Alabama · 1861
- Fitzpatrick's Adm'r v. BakerSupreme Court of Alabama · 1858
- Steiner & Bro. v. McCallSupreme Court of Alabama · 1878