Drew v. Simmons
Supreme Court of Alabama
ApPkat, from tbe Circuit Court of Monroe. Tbe record of tbis case never having come to tbe bands of Beporter, tbe same is, unavoidably, reported without tbe name of tbe judge before whom tbe trial was bad, and without a statement of tbe facts.
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ApPkat, from tbe Circuit Court of Monroe. Tbe record of tbis case never having come to tbe bands of Beporter, tbe same is, unavoidably, reported without tbe name of tbe judge before whom tbe trial was bad, and without a statement of tbe facts. To aid, therefore, in an understanding of tbe case, tbe counsels’ briefs, found on file, are printed in full. 1. Tbe questions of law in tbis case arise under section 2704 of tbe Bevised Code, as amended by tbe act of March 2, 1875, (Acts 1874-5, p. 252.) Tbe account sued on was made by tbe deceased, John Peebles, with tbe witness, John A. Simmons, as…
1Opinion of the Court
STONE, J.-
In Allison v. Tally, at tbe present term, we noticed tbe differences between section 2704 of tbe Revised Code, and se<ftion 3058 of the Code of 1876, and pointed out wherein tbe present statute enlarges tbe exception CQntained in tbe former one. We also quoted witb approbation tbe decision in tbe case of Key v. Jones, 52 Ala. 238, in which it was said, “when tbe purpose of evidence is to diminish tbe rights of a decedent, or of those claiming in succession to bim, by declarations or admissions made by bim, or transactions bad witb bim, in bis life, no party in interest is a…
2Cases cited1 opinion
- Key v. JonesSupreme Court of Alabama · 1875
3Cited by8 opinions
- Keel v. LarkinSupreme Court of Alabama · 1882
- Goodlett v. KellySupreme Court of Alabama · 1883
- Bachelder v. BrownMichigan Supreme Court · 1882
- Jackson v. CloptonSupreme Court of Alabama · 1880
- Moore v. RobinsonSupreme Court of Alabama · 1926
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