Louis's Administrator v. Easton
Supreme Court of Alabama
Appeal from the Circuit Court of Greene. Tried before the Hon. L. R. Smith. This action was brought by William C. Easton, against Thomas C. Clark, ás the administrator of the estate of John Louis, deceased; and was founded on an account for goods sold and delivered to said John Louis in his lifetime by the firm of Paschal & Foster, who transferred said account to the firm of Easton, Wymans & Co., by whom it was transferred' to the plaintiff.
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Appeal from the Circuit Court of Greene. Tried before the Hon. L. R. Smith. This action was brought by William C. Easton, against Thomas C. Clark, ás the administrator of the estate of John Louis, deceased; and was founded on an account for goods sold and delivered to said John Louis in his lifetime by the firm of Paschal & Foster, who transferred said account to the firm of Easton, Wymans & Co., by whom it was transferred' to the plaintiff. The account was contracted between the 30th July, 1866, and the 29th March, 1867; and the action was commenced on the 4th February, 1870. The defendant…
1Opinion of the CourtBbjckell, J.
The only objection to the competency of witnesses, in civil proceedings, allowed by the statute, is, “ that in suits or proceedings by or against executors or administrators (as to which a different rule is not made by the laws of this State), neither party shall be allowed to testify against the other, as to any transaction with, or statement by the testator or intestate, unless called to testify thereto by the opposite party.” R. C. § 2704. At common law, the transferror of a chose in action was not a competent witness for his transferee to support the claim transferred. This rule of…
2Cases cited3 opinions
- Stuckey v. BellahSupreme Court of Alabama · 1868
- Houston v. PrewittSupreme Court of Alabama · 1846
- Clifton v. SharpeSupreme Court of Alabama · 1849
3Cited by12 opinions
- Boykin v. SmithSupreme Court of Alabama · 1880
- Keel v. LarkinSupreme Court of Alabama · 1882
- Goodlett v. KellySupreme Court of Alabama · 1883
- Guin v. GuinSupreme Court of Alabama · 1916
- Harris v. Bank of Jacksonville & Maxfield & Co.Supreme Court of Florida · 1886
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