Legal Opinion

Morgan v. Bartlette

Cuyahoga Circuit Court

Decided July 1, 1888Published

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

  1. Kinney v. HeatleyOregon Supreme Court · 1885

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