Cousins v. Jackson
Supreme Court of Alabama
Appeal from Circuit Court of Elmore. Tried before Hon. James Q. Smith. Tbe appellant, B. Thomas Cousins, sued the defendant Jackson alone, on a bond as surety of one Morris Cousins, the administrator of appellant’s father’s estate, to recover the amount of a judgment rendered against the administrator in the probate court on the 9th day of November, 1860. The suit was commenced on the 25th of March, 1870, and a trial had at the spring term, 1873, which resulted in a verdict…
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Appeal from Circuit Court of Elmore. Tried before Hon. James Q. Smith. Tbe appellant, B. Thomas Cousins, sued the defendant Jackson alone, on a bond as surety of one Morris Cousins, the administrator of appellant’s father’s estate, to recover the amount of a judgment rendered against the administrator in the probate court on the 9th day of November, 1860. The suit was commenced on the 25th of March, 1870, and a trial had at the spring term, 1873, which resulted in a verdict for the defendant. No pleas appear in the record. On the trial, as appears from the bill of exceptions, it was proved…
1Opinion of the CourtBrickell, C. J.
The defence which was sought to be established by the evidence, introduced by the appellee, was a payment of the demand on which the suit is founded, made by the principal debtor in his life. The evidence of this payment consisted of an admission proved to have been made by the appellant to the administrator of the principal debtor. Yerbal admissions not operating as an estoppel, are subject to explanation or contradiction. The party making them may, if he can, show that he was mistaken, or that they are not true in point of fact. 1 Brick. Dig. 834, § 421. If deliberately made, and precisely…
2Cases cited2 opinions
- Stuckey v. BellahSupreme Court of Alabama · 1868
- Waldman v. Crommelin's Adm'rSupreme Court of Alabama · 1871
3Cited by6 opinions
- Warten v. BlackSupreme Court of Alabama · 1915
- Miller v. Cannon & Co.Supreme Court of Alabama · 1887
- Tisdale v. MaxwellSupreme Court of Alabama · 1877
- Kauffman v. LoganSupreme Court of Iowa · 1919
- Cole v. MarshSupreme Court of Iowa · 1894
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