Deming's Adm'r v. Hamil
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. Nat. Cook. This action was brought by A. A. Hamil, against John W. Mallett, as the administrator of E. Deming, deceased ; was commenced before a justice of the peace, and removed by appeal, at the instance of the defendant, to the circuit court; and on the trial in that court, the following bill of exceptions was reserved by the defendant ; “This was an action on an account.
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Appeal from the Circuit Court of Butler. Tried before the Hon. Nat. Cook. This action was brought by A. A. Hamil, against John W. Mallett, as the administrator of E. Deming, deceased ; was commenced before a justice of the peace, and removed by appeal, at the instance of the defendant, to the circuit court; and on the trial in that court, the following bill of exceptions was reserved by the defendant ; “This was an action on an account. The sum claimed by the plaintiff was twenty-five dollars, alleged to be due to him by the defendant’s intestate, on a contract made between them, by which, in…
1Opinion of the Court
STONE, J. —
It is not necessary for us to decide in this case, whether or not the plaintiff below was competent to prove his demand of twenty-five dollars, against the estate of the defendant’s intestate. He did not testify to a demand exceeding twenty dollars; and hence, the decision made by the circuit court on this point, whether right or wrong, did not injure the appellant. — Code, § 2779; McLendon v. Hamblin, 34 Ala. 86.
[2.] The only remaining exception is, that the circuit court allowed the plaintiff to remit all of his demand over $19 50, and then become a general witness in the cause.…
2Cases cited5 opinions
- Crabtree v. CliattSupreme Court of Alabama · 1853
- Bentley v. WrightSupreme Court of Alabama · 1842
- Henderson v. PlumbSupreme Court of Alabama · 1850
- King v. DoughertySupreme Court of Alabama · 1830
- McLendon & Robinson v. HamblinSupreme Court of Alabama · 1859