Bennett v. Armstead ex rel. Hair
Supreme Court of Alabama
Writ of error to the County Court of Sumter county. ACTION of debt on a sealed note, by Armstead, for the use of Hair, as the administrator of the estate of Hugh.Torbert.— The defendant plead nil debit, set-off and and. payment. At the trial, he proposed to prove a set-off, by his own oath. The set-off was an account for one hundred dollars.. The Court refused to allow him to do so, and he excepted.
Read the full summary
Writ of error to the County Court of Sumter county. ACTION of debt on a sealed note, by Armstead, for the use of Hair, as the administrator of the estate of Hugh.Torbert.— The defendant plead nil debit, set-off and and. payment. At the trial, he proposed to prove a set-off, by his own oath. The set-off was an account for one hundred dollars.. The Court refused to allow him to do so, and he excepted. He now prosecutes this writ of error, and assigns the same matter as error. insisted, that although the statute only names ■ the plaintiff as the party permitted to be sworn, yet the defendant is…
1Opinion of the CourtGoldthwaite, J.
It is too clear to admit of illustration, that the statute of 1839, cannot receive the Construction insisted on by the counsel for the plaintiff in error.
The enactment is, that in all suits to.be commenced upon accounts for a sum not exceeding one hundred dollars, the. oath of the plaintiff shall be received as evidence of the'demand, unless the same shall, be controverted' by oath of the defendant'; but this section shall, not apply to the cáse of. executors''and administrators, trustees and guárdians, when sued. Meek’s Sup. 113, § 4. ' •
The legislature has'very properly granted this right…
2Cited by3 opinions
- Crymes v. White & JohnsonSupreme Court of Alabama · 1861
- Flash, Hartwell & Co. v. FerriSupreme Court of Alabama · 1859
- Hayden v. BoydSupreme Court of Alabama · 1845