Starke v. Kenan
Supreme Court of Alabama
Writ of Error to the County Court of Dallas. Assumpsit by Starke & Moore on the common counts, against Mrs. Kenan, as- the executrix of the estate of M. J. Kenan, deceased. The defendant pleaded non-assumpsit, payment, and non-claim. At the trial, the plaintiffs put in evidence tending to establish their demand, and then closed their evidence.
Read the full summary
Writ of Error to the County Court of Dallas. Assumpsit by Starke & Moore on the common counts, against Mrs. Kenan, as- the executrix of the estate of M. J. Kenan, deceased. The defendant pleaded non-assumpsit, payment, and non-claim. At the trial, the plaintiffs put in evidence tending to establish their demand, and then closed their evidence. The defendant then offered to introduce an agreement, in these terms: “ In this case I agree to admit that the said Starke & Moore were not partners at the time of the alledged sale to the defendant’s testator, and that this may go the jury as evidence,…
1Opinion of the CourtGoldthwaite, J.
1. It is said admissions made by attorneys of record bind their clients in all matters relating to the progress and trial of the cause. But to this end they must be distinct and formal, or such as are termed solemn admissions, made for the express purpose of alleviating the stringency of some rule of practice, or of dispensing with the formal proof of some fact at the trial. In such cases they are in general conclusive. [Greenl. Ev. 218, §186.] The written agreement in this case seems entirely within the rule just quoted, and manifest injustice might arise by permitting the party making the…
2Cases cited4 opinions
- Hunley v. Willis Lang & Co.Supreme Court of Alabama · 1837
- Kenan v. StarkeSupreme Court of Alabama · 1844
- Miller v. BonsadonSupreme Court of Alabama · 1846
- Smith v. HuntSupreme Court of Alabama · 1829
3Cited by8 opinions
- Rosenbaum v. StateSupreme Court of Alabama · 1859
- Ex parte HayesSupreme Court of Alabama · 1890
- Blanks v. StateAlabama Court of Appeals · 1942
- Birmingham News v. CHAMBLEE AND HARRISCourt of Civil Appeals of Alabama · 1993
- Coster v. StateAlabama Court of Appeals · 1917
3 more not listed; retrieve them via the Exa API.