Beadle v. Graham's Adm'r
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. Louis Wyeth. This action was brought by Thomas Graham (and revived in the name of his administrator, on his death pending the suit), against Joshua H. Beadle; and was commenced on the 15th January, 1866. The original complaint contained the common count for work and labor done by plaintiff for defendant, of the value of $100, due the 1st January, 1864; and the common count for money had and received by…
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Appeal from the Circuit Court of Madison. Tried before the Hon. Louis Wyeth. This action was brought by Thomas Graham (and revived in the name of his administrator, on his death pending the suit), against Joshua H. Beadle; and was commenced on the 15th January, 1866. The original complaint contained the common count for work and labor done by plaintiff for defendant, of the value of $100, due the 1st January, 1864; and the common count for money had and received by defendant, to and for the use of the plaintiff, amounting to $100, and due the 1st January, 1864- The defendant pleaded “ the…
1Opinion of the CourtSomeryille, J.
There was no error in excluding the testimony of the appellant, by which it was proposed to prove that Thomas Graham, who was the intestate of appellee, during his life-time, sued appellant before a justice of the peace, for the same subject-matter here in litigation; that the ease was tried, and the justice adjudged that Graham was not entitled to recover. The appellant was not a competent witness under the statute. He was a party defendant to the suit, and the case involved a direct, immediate conflict, between his own rights and those of the estate of Graham, who wa.s then deceased. The…
2Cases cited1 opinion
- Alabama Gold Life Insurance v. SledgeSupreme Court of Alabama · 1878
3Cited by10 opinions
- Foster & Creighton Co. v. BoxSupreme Court of Alabama · 1953
- McCall v. JonesSupreme Court of Alabama · 1882
- German v. Brown & LeeperSupreme Court of Alabama · 1905
- Atlanta Life Ins. Co. v. CanadySupreme Court of Alabama · 1932
- Jonas v. KingSupreme Court of Alabama · 1886
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