Stuckey v. Bellah
Supreme Court of Alabama
Appeal from the Circuit Court of Dale. Tried before the Hou. H. D. Clayton. This action was brought by Samuel S. and Elizabeth C. Bellah, (who were husband and wife,) against John W. Stuckey, to recover damages for the conversion of a gold watch and chain, which the plaintiffs claimed under a verbal gift from Robert H. Stuckey, deceased, to Mrs. Elizabeth C. Bellah, (who was the mother-in-law of said Robert H. Stuckey,) and which the defendant held as assets of the estate of…
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Appeal from the Circuit Court of Dale. Tried before the Hou. H. D. Clayton. This action was brought by Samuel S. and Elizabeth C. Bellah, (who were husband and wife,) against John W. Stuckey, to recover damages for the conversion of a gold watch and chain, which the plaintiffs claimed under a verbal gift from Robert H. Stuckey, deceased, to Mrs. Elizabeth C. Bellah, (who was the mother-in-law of said Robert H. Stuckey,) and which the defendant held as assets of the estate of said Robert H. Stuckey, of which he was the administrator. The action was commenced on the 13th August, 1860; and the…
1Opinion of the CourtJudge, J.
The first section of the act of February 14, 1867, “ in relation to the competency of witnesses,” is as follows: “ That in suits and proceedings before any court or officer in this State, other than criminal cases, there shall be no exclusion of any witness, because he is a party, or interested in the isgjie tried; except that in suits or proceedings by or against executors or administrators, (as to which a different rule is not made by the laws of this State,) neither party shall be allowed to testify against the other, as to any transaction with, or statement by the testator or intestate,…
2Cases cited3 opinions
- In re CarmichaelSupreme Court of Alabama · 1860
- Norris v. StateSupreme Court of Alabama · 1849
- Easly v. BoydSupreme Court of Alabama · 1847
3Cited by9 opinions
- Brown v. MitchellTexas Supreme Court · 1895
- Ford v. StateSupreme Court of Alabama · 1882
- Smith v. StateSupreme Court of Alabama · 1876
- Hembree v. StateAlabama Court of Appeals · 1924
- Harwood v. HarperSupreme Court of Alabama · 1875
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