Barkley v. Bradford
Court of Appeals of Kentucky
CASE 44 — PETITION ORDINARY APPEAL FROM BRACKEN CIRCUIT COURT. 1. A party to a suit should not be permitted to testify for himself in chief after having introduced other testimony. (Civil Code, section 606, sub-section 4.) ' 2. The evidence of the appellant as to the transactions between him and Irwin, deceased, was competent, because they all took place with Irwin’s agent, who had testified in the case and established the agency.
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CASE 44 — PETITION ORDINARY APPEAL FROM BRACKEN CIRCUIT COURT. 1. A party to a suit should not be permitted to testify for himself in chief after having introduced other testimony. (Civil Code, section 606, sub-section 4.) ' 2. The evidence of the appellant as to the transactions between him and Irwin, deceased, was competent, because they all took place with Irwin’s agent, who had testified in the case and established the agency. (See. 606 Civil Code, sub-sec. 2; Harpending’s Ex’ors v. Daniel, 80 Ky., 453; Hardin’s Adm’r v. Taylor, 78 Ky., 593; Worthley’s Adm’r v. Hammonds, 10 Bush, 510.) 1.…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COUBT:
The only question in this case is whether W. J. Irwin and S. W. Bradford were merely sureties of Geo. L. Bradford in the note sued on; for if they were the statute of limitation bars a recovery against them. And as the jury found in their favor, under proper instructions of the court, the only inquiry is whether, as contended, there was error of court, in respect to admission or exclusion of testimony.
It appears Geo. L. Bradford, who was dead when the action was tried, gave his deposition, in which, we think, he stated distinctly they were…
2Cited by9 opinions
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- Neely v. StrongCourt of Appeals of Kentucky · 1920
- Brown v. SmileyCourt of Appeals of Kentucky · 1968
- Davis v. KimberlainCourt of Appeals of Kentucky · 1920
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