McClung's Ex'rs v. Spotswood
Supreme Court of Alabama
Error to tbe Circuit Court of Madison. Tried before tbe Hon. L. P. Walker. The facts wbicb relate to tbe first point decided by tbe court, are set out at sufficient length in the opinion. Tbe plaintiff on tbe trial below introduced ber son, Edwin Spotswood, as a witness.
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Error to tbe Circuit Court of Madison. Tried before tbe Hon. L. P. Walker. The facts wbicb relate to tbe first point decided by tbe court, are set out at sufficient length in the opinion. Tbe plaintiff on tbe trial below introduced ber son, Edwin Spotswood, as a witness. Tbe defendants objected to bis competency, on the ground of his being interested in the recovery, and to show his interest, introduced tbe will of bis father, Elliott Spotswood, by which the testator devised all his estate both real and personal, to his wife (the plaintiff below) during lier life or widowhood, and at her…
1Opinion of the CourtDargan, C. J.
This was an action of assumpsit brought by the plaintiff in error for the board of two of the infant chil*169dren of the defendant’s testator. After the plaintiff bad intro- ’ dueed proof in support of her account, the defendants read in evidence a letter written by the testator to the plaintiff, in which he expressed his surprise at her demand for board, and gtated that he was not able to pay the expenses of boarding his children, as he had plenty of house room for ■ them at home, and if she felt it was her duty to charge for ..their board, he must take them home where they could'be attended to…
2Cases cited1 opinion
- McMorris v. SimpsonNew York Supreme Court · 1839
3Cited by24 opinions
- South & North Alabama Railroad v. HenleinSupreme Court of Alabama · 1875
- Robinson & Co. v. GreeneSupreme Court of Alabama · 1906
- Warren v. WagnerSupreme Court of Alabama · 1883
- Phillips Petroleum Company v. Heber A. Peterson and Astrid N. D. Peterson, Phillips Petroleum Company v. John H. Haslem and Rebecca H. HaslemCourt of Appeals for the Tenth Circuit · 1954
- Birmingham Mineral Railroad v. Tennessee Coal, Iron RailroadSupreme Court of Alabama · 1899
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