Dudley v. Steele
Supreme Court of Alabama
Appeal from City Court of Selma. Tried before WilliaM C. "Ward, Esquire, selected by the parties uuder the provisions of Section 18, Art. YI of the Constitution, the presiding judge having been, for legal cause, incompetent to try the cause.
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Appeal from City Court of Selma. Tried before WilliaM C. "Ward, Esquire, selected by the parties uuder the provisions of Section 18, Art. YI of the Constitution, the presiding judge having been, for legal cause, incompetent to try the cause. This was an action of assumpsit, brought by Joseph R. Dudley, as the administrator of the estate of Philip Mathone, deceased, against Samuel P. Steele, and was founded on an account -for money loaned, and for services rendered by plaintiff’s intestate to the defendant. On the trial the .plaintiff had the defendant sworn as a witness and propounded to him…
1Opinion of the Court
SOMEBYILLE, J.-
The suit is for an account, brought by the plaintiff as administrator of the estate of one Mathone, *426deceased, the transaction, upon which the account was based, having transpired between the defendant and the plaintiff’s intestate during his lifetime.
The only question presented is, whether the plaintiff can compel the defendant, in such a casé, to testify in his, the plaintiff’s favor, against the objection of the defendant.
It is very clear that the defendant would not have been a competent witness in his own behalf to .testify against the plaintiff as to any transaction with…
2Cases cited3 opinions
- Kumpe v. CoonsSupreme Court of Alabama · 1879
- Dismukes & Patrick v. Tolson & BarrettSupreme Court of Alabama · 1880
- Chase v. EvoyCalifornia Supreme Court · 1877
3Cited by10 opinions
- Goodlett v. KellySupreme Court of Alabama · 1883
- Lindsay v. United States Savings & Loan Co.Supreme Court of Alabama · 1899
- Brown v. Protective Life InsuranceSupreme Court of Alabama · 1914
- Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1888
- Smith v. BarrickOhio Supreme Court · 1949
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