Coate v. Coate's Adm'r
Supreme Court of Alabama
Appeal from.tbe Circuit Court- of...Ciarle;. Tried before tbe Hon. JOHN K. Henry. This action was brought by E. P. Chapman, as tbe ad-.-ministrator of William P. Coate, deceased, against Burr J. Coate, to recover damages for the conversion of several slaves.
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Appeal from.tbe Circuit Court- of...Ciarle;. Tried before tbe Hon. JOHN K. Henry. This action was brought by E. P. Chapman, as tbe ad-.-ministrator of William P. Coate, deceased, against Burr J. Coate, to recover damages for the conversion of several slaves. The.defendant pleaded not guilty, and the statute of-limitations of six years, with leave to give; any. special-matter in evidence, “On the trial,’.’ as the .bill of excep-. tions states, “the plaintiff" introduced one Andrew J. Coate as a witness; to whose competency the defendant objected, on tbe ground that he was interested in the…
1Opinion of the CourtA. J. Walker, C. J.
The objection that. Andrew J/. Coate was incompetent,- because he was a transferror, offered as a witness to- establish a right transferred by him, .is not to be decided upondhe decisions, of this court made - before tbe adoption of the- Code. The subject is covered', by the Code, and tbe question .must be d'etermined by reference to section 2290 of tbe Code, and tbe construction of it which has been adopted- The precise objection-which we are considering, was made and overruled in tbe case of Robinson v. Tipton, (31 Ala. 595,) and by th'at..deci~ . sion wé are willing to abide..
[2.] This…
2Cases cited7 opinions
- Maury's Adm'r v. Mason's Adm'rSupreme Court of Alabama · 1838
- Walker v. Walker'sSupreme Court of Alabama · 1859
- Harris v. Plant & Co.Supreme Court of Alabama · 1858
- Robinson's Adm'rs v. Tipton's Adm'rSupreme Court of Alabama · 1858
- Grey's Heirs v. Grey's Adm'rsSupreme Court of Alabama · 1853
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