Brand v. Abbott
Supreme Court of Alabama
Appeal from the Probate Court of Perry. This was a proceeding for the final settlement of his guardianship accounts, between the appellant, Brand, and his ward, Abbott, the appellee. At the hearing the said Brand, the guardian, offered himself as a witness in his own behalf. This the court refused) and the said guardian excepted.
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Appeal from the Probate Court of Perry. This was a proceeding for the final settlement of his guardianship accounts, between the appellant, Brand, and his ward, Abbott, the appellee. At the hearing the said Brand, the guardian, offered himself as a witness in his own behalf. This the court refused) and the said guardian excepted. There was proof conducing to show that the guardian had collected the funds of his ward, to the amount of $2,500 or $2,600 in Confederate notes, of the “ old issue,” some time in the latter part of the year 1863, and that he paid this out in satisfaction of his…
1Opinion of the CourtA. J. Walker, C. J.
The guardian was a competent witness to testify for himself. — Revised Code, 2704 (2302a); Padgett v. Padgett, at June term, 1867. The court erred in the exclusion of him as a witness. We must reverse for this error, for the rule is, that injury is presumed from error, unless the contrary is plainly shown by the record. — Abrams v. Nunn, January term, 1868 ; Ala. & Fla. R. R. v. Watson, January term, 1868.
2. The court erred in charging the guardian with compound interest on the money in hand. The guardian was not guilty of such misconduct as renders him liable. for compound interest. —…
2Cases cited2 opinions
- Bryant v. CraigSupreme Court of Alabama · 1847
- Gordon v. ClappSupreme Court of Alabama · 1862
3Cited by6 opinions
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- Tyson v. SandersonSupreme Court of Alabama · 1871
- Childress v. ChildressSupreme Court of Alabama · 1873
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