Lobdell's Administrator v. Fowler
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. Samuel L. Earle. The Suit was on a note for “ seventeen hundred and fifty dolla-rs,” dated November 24,1863, and due one day after date. The maker of the note, and the original defendant in the action, was John L. Lobdéll, but he died during the pendency of the suit, and R. Engledow, his .administrator, was made defendant in his stead.
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Appeal from Smith. Tried below before the Hon. Samuel L. Earle. The Suit was on a note for “ seventeen hundred and fifty dolla-rs,” dated November 24,1863, and due one day after date. The maker of the note, and the original defendant in the action, was John L. Lobdéll, but he died during the pendency of the suit, and R. Engledow, his .administrator, was made defendant in his stead. Before this change in the party defendant, and while John L. Lob-dell, the original defendant, was still in life, the depositions of his two sons were taken, to prove that the note was for Confederate money. But on…
1Opinion of the CourtWalker, J.
We are of opinion the court erred in excluding the depositions of Lewis S. Lobdell and John L. Lobdell.
These witnesses were the sons of the original' defendant to this suit, and their depositions were taken during the life time of their father, John L. Lobdell, and at a time when they had no disqualifying interest in the event of the suit. Their father died before the trial, and the court excluded their testimony on the ground of present interest-
*350A question of some nicety arises upon this ruling of the court, growing out of our somewhat ambiguous statute. (Bee Paschal’s Digest, Art. 8733.)…
2Cited by1 opinion
- Doughty v. StateCourt of Appeals of Texas · 1885