Adm'r of Wiggins v. Adm'r of Pryor
Supreme Court of Alabama
QUESTIONS IN THIS CASE. Upon the mode of taking the deposition of absent witnesses. The competency of an administrator to testify as a witness. As to parol evidence of a receipt. William Pryor, administrator of the estate of Asa Pryor, declared against Wiggins’ administrators, in Madison Circuit Court, in the action of assumpsit, for money had and received, by the defendant’s intestate, to and for the use of the intestate of the plaintiff.
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QUESTIONS IN THIS CASE. Upon the mode of taking the deposition of absent witnesses. The competency of an administrator to testify as a witness. As to parol evidence of a receipt. William Pryor, administrator of the estate of Asa Pryor, declared against Wiggins’ administrators, in Madison Circuit Court, in the action of assumpsit, for money had and received, by the defendant’s intestate, to and for the use of the intestate of the plaintiff. The evidence offered to sustain the plaintiffs action, was the deposition of a non-resident witness, who vi’as the representative of one Jordan. This…
1Opinion of the CourtCollier, J.
This was an action of assumpsit, for money had and received, in the Circuit Court of Madison.
On the trial, the defendant in error, (who was plaintiff below) offered in evidence, the deposition of John H. Thompson, taken in the State of Missouri, under a commissioner, and notice for that purpose. The deposition proved, that the witness, as the administrator of Solomon Jordan, paid to Wiggins, the intestate of the plaintiff in error, the amount of a note, “ executed by Jordan to a Mr. Cabiness, for sixty dollars, dated, to the best of his recollection, in June, 1826; by Mr. Cabiness said note…
2Cases cited1 opinion
- Keene v. MeadeSupreme Court of the United States · 1830
3Cited by5 opinions
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- In re CaryDistrict Court, S.D. New York · 1881
- Tanneyhill v. BennettSupreme Court of Alabama · 1920