In re Carmichael
Supreme Court of Alabama
Appeal from the Probate Court of Talladega. In the matter of John Carmichael, on tbe petition of Daniel Carmichael, bis brother, to have him declared non compos mentis.
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Appeal from the Probate Court of Talladega. In the matter of John Carmichael, on tbe petition of Daniel Carmichael, bis brother, to have him declared non compos mentis. “On the trial before tbe jury,” as the bill of exceptions states, “the petitioner introduced a witness who testified, that he had known the defendant for fourteen or fifteen years, and had known him well for five or six years last past; that he had not seen him for five or six years prior to 1852, the defendant having been absent from the State; that he had lived within a mile of the defendant, from 1852 until about two years…
1Opinion of the Court
.STONE, J.
The witness should not have been allowed to testify that, in his opinion, John E. Carmichael was incompetent to manage his affairs and take care of himself. Walker v. Walker, 34 Ala. 469 ; Hall v. Goodson, 32 Ala. 277; Stubbs v. Houston, 33 Ala. 555.
Reversed and remanded.
2Cases cited3 opinions
- Walker v. Walker'sSupreme Court of Alabama · 1859
- Stubbs v. HoustonSupreme Court of Alabama · 1859
- Hall v. GoodsonSupreme Court of Alabama · 1858
3Cited by5 opinions
- Wear v. WearSupreme Court of Alabama · 1916
- Fountain v. BrownSupreme Court of Alabama · 1861
- Harris v. StateAlabama Court of Appeals · 1957
- Cochran v. AmsdenIndiana Supreme Court · 1885
- Lambert v. StateAlabama Court of Appeals · 1916