McCrary's Adm'r v. Rash's Adm'r
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. Louis Wveth. This action was brought by John B. Tally, as the surviving administrator of the estate of William Bash, deceased, against Samuel McCrary, and revived, on his death pendente lite, against Thomas N. Allison, as his administrator; was commenced on the 15th August, 1872 ; and was founded on a bond, or promissory note under seal, for $1450,' — which was executed by Leroy McCrary, since deceased, and by…
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Appeal from the Circuit Court of Jackson. Tried before the Hon. Louis Wveth. This action was brought by John B. Tally, as the surviving administrator of the estate of William Bash, deceased, against Samuel McCrary, and revived, on his death pendente lite, against Thomas N. Allison, as his administrator; was commenced on the 15th August, 1872 ; and was founded on a bond, or promissory note under seal, for $1450,' — which was executed by Leroy McCrary, since deceased, and by said Samuel McCrary, and one George Bogers, dated the 15th April, 1859, and payable twelve months after date, to Laxon…
1Opinion of the CourtStone, J.
Section 3058 of the Code of 1876, being the act of March 2, 1875 (Pamph.'Acts, 252), is, in some respects, materially different from section 2704 of the Revised Code. Each declares that, as a general rule, being a party to the record, or interested in the issue tried, does not disqualify a witness in a civil cause. The exception found in section 2704, Revised Code, is in the following language : “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…
2Cases cited8 opinions
- Walker v. Walker'sSupreme Court of Alabama · 1859
- Kirksey v. KirkseySupreme Court of Alabama · 1868
- Key v. JonesSupreme Court of Alabama · 1875
- Rupert & Cassity v. Elston'sSupreme Court of Alabama · 1859
- Baldwin v. AshbySupreme Court of Alabama · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Keel v. LarkinSupreme Court of Alabama · 1882
- Corley v. VizardSupreme Court of Alabama · 1919
- Miller v. Cannon & Co.Supreme Court of Alabama · 1887
- Wood v. Brewer & BrewerSupreme Court of Alabama · 1882
13 more not listed; retrieve them via the Exa API.