Legal Opinion

Kirksey v. Kirksey

Supreme Court of Alabama

Decided January 15, 1868PublishedCited by 37 opinions

Appeal from the Probate Court of Talladega. In the matter of the estate of Isaac Kirksey, deceased, on final settlement of the accounts and vouchers of Albert O. Kirksey, as administrator. The record does not show when the intestate died, nor when letters of administration on his estate were granted to said Albert O. Kirksey.

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Appeal from the Probate Court of Talladega. In the matter of the estate of Isaac Kirksey, deceased, on final settlement of the accounts and vouchers of Albert O. Kirksey, as administrator. The record does not show when the intestate died, nor when letters of administration on his estate were granted to said Albert O. Kirksey. The final settlement was made on the 21st September, 1867. The administrator claimed a credit, as per voucher No. 29 in his account as stated, for the amount of a promissory note for four thousand dollars, which purported to be signed by the intestate, and to have been…

1Opinion of the CourtByrd, J.

The first assignment of error raises the question, whether, in a case involving the genuineness of the signature of the maker of a promissory note, which is the foundation of the suit or controversy, a witness may be shown a signature of the maker to another instrument, purporting to have been signed by him, and, concealing a part of the name from the witness, asked, in whose handwriting is the part shown him. The appellants objected to the question being asked, “ unless the whole name shown to the witness.” Without deciding whether such evidence is admissible on the issue made up in this…

2Cases cited10 opinions

  1. Kinnebrew's Distributees v. Kinnebrew's AdministratorsSupreme Court of Alabama · 1860
  2. Bishop v. StateSupreme Court of Alabama · 1857
  3. Willis' Adm'r v. Heirs of WillisSupreme Court of Alabama · 1846
  4. Tutwiler v. Tuskaloosa Coal, Iron & Land Co.Supreme Court of Alabama · 1889
  5. Johnson v. StateSupreme Court of Alabama · 1860

5 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Moon's Adm'r v. CrowderSupreme Court of Alabama · 1882
  2. Nooe's v. Garner's Adm'rSupreme Court of Alabama · 1881
  3. Ex parte BuckleySupreme Court of Alabama · 1875
  4. First National Bank v. ChaffinSupreme Court of Alabama · 1897
  5. Key v. JonesSupreme Court of Alabama · 1875

32 more not listed; retrieve them via the Exa API.

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