Martin v. Williams
Supreme Court of Alabama
Error to the Circuit Court of Lowndes. Tried before' the Hon. Nathan Cook. This was an action of assumpsit, brought by Matilda Nixon, as administratrix of Alexander Nixon, deceased, against the plaintiff-in. error as the executor of Martha Burt, deceased. Matilda Nixon, having been removed from the office of administratrix during the pendency of the suit, it was revived in the name of the defendant in error, who had been appointed the administratorde bonis non.
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Error to the Circuit Court of Lowndes. Tried before' the Hon. Nathan Cook. This was an action of assumpsit, brought by Matilda Nixon, as administratrix of Alexander Nixon, deceased, against the plaintiff-in. error as the executor of Martha Burt, deceased. Matilda Nixon, having been removed from the office of administratrix during the pendency of the suit, it was revived in the name of the defendant in error, who had been appointed the administratorde bonis non. By a bill of exceptions found in the record, it appears that Alexander Nixon died in'184-2, and that the defendant’s testatrix in the…
1Opinion of the CourtChilton, J.
1. The bill of exceptions does not show that the witness, by whom the plaintiff in error proposed to prove the conversation of his testatrix in relation to the agreement between her and Mrs. Nixon, had been examined in reference to such conversation by the plaintiff below, or that any part of such conversation had been detailed by the witness at his instance. So that the first assignment of error must.be overruled upon the ground that the declarations of a party are not evidence for himself unless they constitute part of the res gesta.
2. Mrs. Nixon having attended in obedience to the subpoena…
2Cited by13 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Davis v. StateSupreme Court of Alabama · 1914
- Whorton v. MoragneSupreme Court of Alabama · 1878
- Calhoun v. FletcherSupreme Court of Alabama · 1879
- Cruikshank v. LuttrellSupreme Court of Alabama · 1880
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