Anthony v. Sturdivant
Supreme Court of Alabama
Appeal from Lee Law and Equity Court. Heard before Hon. Albert E. Barnett. Action by T. S. Sturdivant and others doing business under the name and style of the Bank of Camp Hill against Phabra Anthony, as executrix, etc., upon a joint note. Judgment for plaintiff and defendants appeal.
Read the full summary
Appeal from Lee Law and Equity Court. Heard before Hon. Albert E. Barnett. Action by T. S. Sturdivant and others doing business under the name and style of the Bank of Camp Hill against Phabra Anthony, as executrix, etc., upon a joint note. Judgment for plaintiff and defendants appeal. The main question in this case was whether or not the discharge in bankruptcy operated to render the surviving joint maker competent to testify against the executrix of the deceased joint maker. It was held on a former appeal (163 Ala. 530) that the adjudication in bankruptcy had no such effect, but the…
1Opinion of the CourtSayre, J.
The original complaint declared upon promissory notes, alleged to have been jointly executed by W. A. and S. W. Anthony. On the first trial, the adjudicated bankruptcy of S. W. Anthony having been suggested, plaintiffs eliminated S. W. from the complaint as a party defendant, and proceeded to judgment against Phabra Anthony, as the executrix of W. A., deceased. On the appeal which followed, it was held that the mere adjudication of S. W. Anthony’s bankruptcy did not relieve him of his disqualification as a witness for plaintiffs under section 4007 of the Code. — Anthony v. Sturdivant, 163…
2Cases cited8 opinions
- Oliver v. WilliamsSupreme Court of Alabama · 1909
- Bailey v. StateSupreme Court of Alabama · 1894
- Wolffe v. EberleinSupreme Court of Alabama · 1883
- Griel & Bro. v. SolomonSupreme Court of Alabama · 1886
- Frow & Ferguson v. DownmanSupreme Court of Alabama · 1847
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- James v. FairallSupreme Court of Iowa · 1914
- Hartford Accident & Indemnity Co. v. KuykendallSupreme Court of Alabama · 1971