McDonald v. Carnes
Supreme Court of Alabama
Appeal from the Probate Court of Marshall. Heard before the Hon. Ti-ios. A. Street. In the matter of the estate of Montgomery P.-Carnes, deceased, on final settlement of the accounts and vouchers of Andrew J. McDonald as administrator.
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Appeal from the Probate Court of Marshall. Heard before the Hon. Ti-ios. A. Street. In the matter of the estate of Montgomery P.-Carnes, deceased, on final settlement of the accounts and vouchers of Andrew J. McDonald as administrator. The intestate died about the 1st October, 1884; letters of administration to McDonald, who was the general administrator of the county, were granted on the 1st December, 1884; and the settlement of his accounts was had on the 12th August, 1889, showing abalance of $808.49. On objections filed by the distributees, the court disallowed several items claimed as…
1Opinion of the CourtSomerville, J.
1. The original entries made by a Iverson in his own books, or made by his clerk, when apparently done in the ordinary course of business, and contemporaneousty with the transaction to which such entries relate, are generally admissible in evidence to prove the correctness of all items within the knowledge of the person making them. Such entries are required to be corroborated by the testimony of the party who made them, if he is living, inasmuch as they are not self-proving. But, if he be dead, or insane, or indefinitely absent from the State, proof of his hand-writing will be…
2Cases cited11 opinions
- Teague v. CorbittSupreme Court of Alabama · 1877
- Dismukes & Patrick v. Tolson & BarrettSupreme Court of Alabama · 1880
- Elliott v. DyckeSupreme Court of Alabama · 1884
- Davis v. TarverSupreme Court of Alabama · 1880
- Gaunt v. Tucker's ExecutorsSupreme Court of Alabama · 1850
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Warten v. BlackSupreme Court of Alabama · 1915
- Loveman, Joseph Loeb v. McQueenSupreme Court of Alabama · 1919
- Shirley v. Southern Ry. Co.Supreme Court of Alabama · 1916
- Hay v. PetersonWyoming Supreme Court · 1896
- McWhorter v. TysonSupreme Court of Alabama · 1919
7 more not listed; retrieve them via the Exa API.