Moore v. Walker
Supreme Court of Alabama
Ai’i’HAij from Cherokee Circuit Court. Tried before Hon. J. A. Bile no. Action of trover by Cliessie Walker against S. 1). Moore and wife for the alleged conversion by the defendants of a piano. The defendants claimed no property in the piano, but were the bailees of W. J. McBee, who was the father of the plaintiff. The sole question considered by the court was whether or not the plaintiff was a competent witness in her own behalf.
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Ai’i’HAij from Cherokee Circuit Court. Tried before Hon. J. A. Bile no. Action of trover by Cliessie Walker against S. 1). Moore and wife for the alleged conversion by the defendants of a piano. The defendants claimed no property in the piano, but were the bailees of W. J. McBee, who was the father of the plaintiff. The sole question considered by the court was whether or not the plaintiff was a competent witness in her own behalf. Plaintiff endeavored to establish her right of property in the piano by her own testimony that her mother, Mrs. McBee, gave her the piano. She stated that her…
1Opinion of the CourtHaralson, J.
— If the plaintiff Avas incompetent fo testify that her mother gave her the piano, and all her evidence which was admitted against the objections of defendants, as tending to show the gift, had been excluded, it Avill be admitted she Avas not entitled to recover. It may be, that Avith all that evidence in, she Avas not entitled to a verdict, but this we need not and do not decide.
If the piano Avas originally purchased by Mrs. McBee and paid for by her out of her money, and Avas not bought and paid for by Mr. McBee Avith his money, and Mrs. McBee made no Adalid gift of it to the plaintiff, and…
2Cases cited10 opinions
- Boykin v. SmithSupreme Court of Alabama · 1880
- Booker v. JonesSupreme Court of Alabama · 1876
- Hodges v. DennySupreme Court of Alabama · 1888
- Perminter v. KellySupreme Court of Alabama · 1851
- Miller v. Cannon & Co.Supreme Court of Alabama · 1887
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3Cited by9 opinions
- Smith v. CookSupreme Court of Alabama · 1929
- Howton v. MathiasSupreme Court of Alabama · 1916
- Pinckard v. CasselsSupreme Court of Alabama · 1915
- Guin v. GuinSupreme Court of Alabama · 1916
- C. W. Zimmerman Mfg. Co. v. DunnSupreme Court of Alabama · 1909
4 more not listed; retrieve them via the Exa API.