Glover v. Gentry
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. John B. Tally. This was an action brought on July 11, 1892, by the appellant, Samuel H. Glover, against the appellees, as administrators of the estate of William Moore, deceased, and counted upon a note, alleged to have been executed by the said Moore to the plaintiff. Issue was joined upon the sworn plea of non est factum.
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Appeal from the Circuit Court of Jackson. Tried before the Hon. John B. Tally. This was an action brought on July 11, 1892, by the appellant, Samuel H. Glover, against the appellees, as administrators of the estate of William Moore, deceased, and counted upon a note, alleged to have been executed by the said Moore to the plaintiff. Issue was joined upon the sworn plea of non est factum. The plaintiff introduced in evidence the note which was the foundation of the suit, and which showed on its face that it was executed by William Moore, on-July 9, 1888, and payable one day afterdate, for…
1Opinion of the CourtHaralson, J.
1. If the note alleged to have been executed by the deceased, Wm. Moore, to the appellant, the plaintiff below, was never transferred by him to his wife, Mrs. A. A. Glover, she was a competent witness for her husband in the suit. — O’Neal v. Reynolds, 42 Ala. 198 ; Davis v. Tarver, 65 Ala. 101. If the note, however, was transferred to her by her husband, she, as well as he, comes within the spirit and policy of the statute, and was not competent to testify. — Boykin v. Smith, 65 Ala. 294; Hodges v. Denny, 86 Ala. 228; Miller v. Cannon, 84 Ala. 63; Goodlett v. Kelly, 74 Ala. 218.
The evidence…
2Cases cited14 opinions
- Vinton v. PeckMichigan Supreme Court · 1866
- Boykin v. SmithSupreme Court of Alabama · 1880
- Hodges v. DennySupreme Court of Alabama · 1888
- Barclift v. TreeceSupreme Court of Alabama · 1884
- Miller v. Cannon & Co.Supreme Court of Alabama · 1887
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3Cited by10 opinions
- Wall v. StateAlabama Court of Appeals · 1911
- State v. SmailsWashington Supreme Court · 1911
- Jeter v. StateCourt of Criminal Appeals of Alabama · 1976
- Waggoner v. ClarkIllinois Supreme Court · 1920
- Pullman Palace Car Co. v. AdamsSupreme Court of Alabama · 1898
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