Acklen's v. Hickman
Supreme Court of Alabama
Appeal, from the Circuit Court of Madison. Tried before the Hon. Louis Wyeth. This case was before this court at its December term, 1877, and may be found reported in 60 Ala. 568-71. The action was brought by James Hickman, against John D. Weeden, as the executor of the last will and testament of William Acklen, deceased; and was commenced on the 4th April, 1874. The complaint claimed $291.09, “ due by account between the plaintiff and said William Acklen, on the 21st March,…
Read the full summary
Appeal, from the Circuit Court of Madison. Tried before the Hon. Louis Wyeth. This case was before this court at its December term, 1877, and may be found reported in 60 Ala. 568-71. The action was brought by James Hickman, against John D. Weeden, as the executor of the last will and testament of William Acklen, deceased; and was commenced on the 4th April, 1874. The complaint claimed $291.09, “ due by account between the plaintiff and said William Acklen, on the 21st March, 1864; ” and “the further sum of $191.09, due by account for money paid by plaintiff for said William Acklen in bis…
1Opinion of the CourtStone, J.
The law recognizes the right of a witness to consult memoranda in aid of his recollection, under two conditions : Hirst, when, after examining a memorandum made by himself, or known and recognized by him as stating the facts truly, his memory is thereby so refreshed that he' can testify, as matter of independent recollection, to facts pertinent to the issue. In cases of this class, the witness testifies to what he asserts are facts within his own knowledge; and the only distinguishing difference between testimony thus given, and ordinary evidence of facts, is that the witness, by invoking the…
2Cases cited1 opinion
- Bondurant v. Bank of AlabamaSupreme Court of Alabama · 1845
3Cited by90 opinions
- Parsons v. StateSupreme Court of Alabama · 1948
- Councill v. MayhewSupreme Court of Alabama · 1911
- Bendett v. BendettMassachusetts Supreme Judicial Court · 1943
- Hall v. StateSupreme Court of Alabama · 1901
- Johnson v. StateSupreme Court of Alabama · 1961
85 more not listed; retrieve them via the Exa API.