Bank of Montgomery v. Plannett's Adm'r
Supreme Court of Alabama
ApBEal from the Circuit Court of Montgomery. 'Tried before the Horn John Gill Shoetee. This action WSs brought by the administrator of Stephen íTinnett, deceased, to recover certain moneys alleged to 'fitve: been'deposited with the defendant by said Plannett in Sis liie-ti'mfe ;'”and' Was commenced on the 5th March, 1857. The complaitfheontained a count on an open account, and another on'a -stated account.
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ApBEal from the Circuit Court of Montgomery. 'Tried before the Horn John Gill Shoetee. This action WSs brought by the administrator of Stephen íTinnett, deceased, to recover certain moneys alleged to 'fitve: been'deposited with the defendant by said Plannett in Sis liie-ti'mfe ;'”and' Was commenced on the 5th March, 1857. The complaitfheontained a count on an open account, and another on'a -stated account. The defendant pleaded, in shovffby -consent, the general issue, payment, and set-off; and-to the plea of set-off the plaintiff replied the statute of non-claim. “On the trial,” as the bill…
1Opinion of the CourtStone, J.
The'doctrine is settled in this State, “ that books of accounts, kept by a deceased clerk, and all other entries or memoranda made in the course of business or duty, by any one who would at the time have been a competent witness to the fact whieh he registers, are admissible evidence.” — Batre v. Simpson, 1 Ala. 305; Everly v. Bradford, ib. 371; Clemens v. Patton, Donegan & Co., 9 Por. 289. This evidence is received on what is considered the moral necessity of the case. — Phil. Ev. (Cow. & Hill's Notes, by Van Cott,) 1 pt. 305, et seq. ; 1 Greenl Ev. §§ 115, 120.
This doctrine resting on the…
2Cases cited7 opinions
- McClung's Ex'rs v. SpotswoodSupreme Court of Alabama · 1851
- McDonnell v. Branch Bank at MontgomerySupreme Court of Alabama · 1852
- Cawthorne v. WeisingerSupreme Court of Alabama · 1844
- Roland v. LoganSupreme Court of Alabama · 1850
- King v. PopeSupreme Court of Alabama · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- L. Glen Riley v. Ford Motor CompanyCourt of Appeals for the Fifth Circuit · 1971
- Betts v. WardSupreme Court of Alabama · 1916
- Pullman Co. v. MeyerSupreme Court of Alabama · 1915
- Martin, Dumee & Co. v. Brown, Shipley & Co.Supreme Court of Alabama · 1883
8 more not listed; retrieve them via the Exa API.