Fitzpatrick's Adm'r v. Baker
Supreme Court of Alabama
Appeal from tte Circuit Court of Macon. Tried before tbe Hon. Robt. Dougherty. This action was brought by Abram Martin, as administrator de bonis non of Joseph Fitzpatrick, deceased, against "William H. Baker; and was commenced in December, 1850. The cause of action, as endorsed on the writ, was “a promise by the defendant, to one Charles Cook, to pay to the executor of Joseph Fitzpatrick, deceased, the amount of a judgment recovered by said executor against said Cook, in…
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Appeal from tte Circuit Court of Macon. Tried before tbe Hon. Robt. Dougherty. This action was brought by Abram Martin, as administrator de bonis non of Joseph Fitzpatrick, deceased, against "William H. Baker; and was commenced in December, 1850. The cause of action, as endorsed on the writ, was “a promise by the defendant, to one Charles Cook, to pay to the executor of Joseph Fitzpatrick, deceased, the amount of a judgment recovered by said executor against said Cook, in the county court of Macon county, in consideration of the sale of 240 acres of land in section 34, 14, 24, and the…
1Opinion of the CourtWalker, J.
— The sole question of this appeal is, whether the court erred in excluding the deposition of the witness Cook, on account of his interest in the case. It was agreed in the court below, that the witness was incompetent without a release, and that the testimony was pertinent. The arguments in favor of the admissibility of the testimony are, that the competency of the witness was restored by a release ; that the objection should have been made by a motion to suppress the deposition before the trial; and that the objection was not sufficiently specific.
1. The mere execution of a release can not…
2Cases cited5 opinions
- Brown v. BrownSupreme Court of Alabama · 1843
- Kyle v. BostickSupreme Court of Alabama · 1846
- Jordan v. JordanSupreme Court of Alabama · 1850
- Bryant v. IngrahamSupreme Court of Alabama · 1849
- Scott v. Coxe's Adm'rsSupreme Court of Alabama · 1852