Hopper v. Ashley
Supreme Court of Alabama
Error to the Circuit Court of Montgomery. Before the Hon. Geo. Goldthwaite. ," This was an action oí assumpsit, op. a promissory note, made by John L. Flowers, in his life time, for $4,000, dated in 1843, and due in April, 1844, instituted by defendant in error, originally, against Erick Hueston, as the administrator of said Flowers, and afterwards, on the resignation of Hues-ton, revived against plaintiff in error, as the administrator de bonis non.
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Error to the Circuit Court of Montgomery. Before the Hon. Geo. Goldthwaite. ," This was an action oí assumpsit, op. a promissory note, made by John L. Flowers, in his life time, for $4,000, dated in 1843, and due in April, 1844, instituted by defendant in error, originally, against Erick Hueston, as the administrator of said Flowers, and afterwards, on the resignation of Hues-ton, revived against plaintiff in error, as the administrator de bonis non. On the trial, a bill of exceptions was sealed at the instance of plaintiff in error, from which the facts appear. One Elisor, a witness…
1Opinion of the CourtCollier, C. J.
1. The testimony of the witness Elisor, was properly excluded. He declared that he was unacquainted with the hand-writing of the plaintiff,-and had no other information upon the subject than was communicated to him by the defendant’s testator. This was altogether insufficient to establish the genuineness of a writing, which could only be admitted upon proof that it was subscribed by the party, who purported to have made it, or by his autho*462rity. The admission of its genuineness cannot be predicated of the advertisement by the witness, that he held a set-off against the note which he had…
2Cases cited3 opinions
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3Cited by14 opinions
- Karr v. StateSupreme Court of Alabama · 1894
- Taylor v. Agricultural & Mechanical Ass'nSupreme Court of Alabama · 1880
- Wadsworth v. DunnamSupreme Court of Alabama · 1897
- Rowe v. BaberSupreme Court of Alabama · 1890
- Wesley v. StateSupreme Court of Alabama · 1875
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