Garrett v. Trabue, Davis & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Limestone. Tried before the Hon. H. C. Speake. This action was brought by Trabue, Davis & Co., partners engaged in business as merchants in the city of Louisville, Kentucky, against P. F. Garrett, as the administrator of the estate ef Mrs. Eliza A. F. Lane, deceased; and was commenced on the 26th October, 1883. The complaint contained only the common counts for goods sold and delivered, amounting to $528.51, and the only plea was the general…
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Appeal from the Circuit Court of Limestone. Tried before the Hon. H. C. Speake. This action was brought by Trabue, Davis & Co., partners engaged in business as merchants in the city of Louisville, Kentucky, against P. F. Garrett, as the administrator of the estate ef Mrs. Eliza A. F. Lane, deceased; and was commenced on the 26th October, 1883. The complaint contained only the common counts for goods sold and delivered, amounting to $528.51, and the only plea was the general issue. The account for the goods sold and delivered contained items furnished on five different days— namely, March…
1Opinion of the CourtClopton, J.
— 1. The exceptions to the statutory rule, that there shall be, in suits and proceedings other than criminal, no exclusion of any witness because he is a party, or interested in the issue tried, is limited to the parties, the term being'construed to include, as within the scope and spirit of the exception, those who claim as beneficiaries under or by representation of a decedent, whose personal representative is a party. — Code of 1876, § 3058. The agent of a deceased person, whose estate is interested in the result of .the suit, may be called by the adversary party, when he does not claim…
2Cases cited12 opinions
- Wilson v. StateSupreme Court of Alabama · 1883
- McCormick & Richardson v. Joseph & AndersonSupreme Court of Alabama · 1884
- Jaques v. HortonSupreme Court of Alabama · 1884
- East Tennessee, Virginia & Georgia Railroad v. JohnstonSupreme Court of Alabama · 1884
- Whizenant v. StateSupreme Court of Alabama · 1882
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- J. R. Watkins Co. v. HillSupreme Court of Alabama · 1926
- Taylor v. Peoples Fertilizer Co.Supreme Court of Alabama · 1959
- Coleman v. Pike CountySupreme Court of Alabama · 1887
- Eubank v. ClarkSupreme Court of Alabama · 1884
2 more not listed; retrieve them via the Exa API.