Legal Opinion

Alexander's Ex'rs v. Alford

Court of Appeals of Kentucky

Decided February 22, 1883PublishedCited by 11 opinions

* Case 17 — PETITION EQUITY APPEAL FROM WOODFORD COURT OF COMMON PLEAS. Davenport is a competent witness. His interest is in equipoise, and he does not testify “for himself.”

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* Case 17 — PETITION EQUITY APPEAL FROM WOODFORD COURT OF COMMON PLEAS. Davenport is a competent witness. His interest is in equipoise, and he does not testify “for himself.” The Code was intended to enlarge the scope of evidence, the intention being that every person should be allowed to testify for himself or another, [unless brought clearly within the exceptions provided (Civil Code, secs. 605, 606.) The design of the exceptions to the rule allowing parties in interest to*testify, is to place the parties on an equal footing; and when the admission of the testimony does not destroy…

1Opinion of the Court

JUDGE PRYOR

delivered the opinion op the court.

Davenport, who was the guardian of young Trout-man, became insolvent, resigned his trust, and Wither-spoon having been appointed guardian in his stead, brought his action against • Davenport and his surety (or the executors of his surety) on the guardian’s bond to recover the amount for which Davenport was liable. The executors of Alexander (the surety) paid off the amount due the ward of Davenport, and are now seeking to subject certain moneys owing Davenport by 0. P. Alford & Co. to indemnify them, on the ground that it is money belonging to the…

2Cases cited2 opinions

  1. Lawhorn v. CarterCourt of Appeals of Kentucky · 1874
  2. Hobbs' ex'r v. Russell's ex'rCourt of Appeals of Kentucky · 1880

3Cited by11 opinions

  1. Doty's Adm'r v. Doty's GuardianCourt of Appeals of Kentucky · 1904
  2. Boreing v. WilsonCourt of Appeals of Kentucky · 1908
  3. Bay View Brewing Co. v. GrubbWashington Supreme Court · 1903
  4. Davis v. StrangeCourt of Appeals of Kentucky · 1913
  5. Farmers' Exchange Bank of Millersburg v. MoffettCourt of Appeals of Kentucky (pre-1976) · 1934

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