Morgan v. Bartlette
Cuyahoga Circuit Court
Error.by defendant below to a judgment against him as administrator, on a • note made by his decedent.
1Opinion of the Court
Held: 1. Under sec. 5241, Rev. Stat., husband and wife .are competent to testify to acts done by one in the presence of the other, being in the known presence of a third person competent to be a witness, though such third person is dead át tíre time of the trial. Sessions v. Trevitt, 39 O. S., 259.
2: Where suit is brought against an administrator within eighteen months of his appointment, it must appear that the claim has been disputed or rejected, sec. 6108, Rev. Stat.; Keenan v. Saxton, 13 O., 41; Banning v. Banning, 12 O. S., 437, 450; 1 Ohio Circ. Dec. 309.
3, The administrator may require…
2Cases cited1 opinion
- Kinney v. HeatleyOregon Supreme Court · 1885