Sublett v. Hodges
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. John B. Tally. This action was brought by W. M. Sublett, against James W. Hodges and J. S. Bain, and was commenced on the 26th September, 1884. The original complaint contained only the common counts, claiming of defendants the sum of $198, alleged to be due by account from defendants to plaintiff in September, 1883, and a like sum for goods sold and delived, and also for work and labor done.
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Appeal from the Circuit Court of Marshall. Tried before the Hon. John B. Tally. This action was brought by W. M. Sublett, against James W. Hodges and J. S. Bain, and was commenced on the 26th September, 1884. The original complaint contained only the common counts, claiming of defendants the sum of $198, alleged to be due by account from defendants to plaintiff in September, 1883, and a like sum for goods sold and delived, and also for work and labor done. To this complaint the defendants jointly pleaded, (1) the general issue, and (2) payment. Afterwards, the death of J. S. Bain was…
1Opinion of the CourtSomerville, J.
1. It is settled by our decisions, that the transferror of a chose in action is not a competent witness for his transferree under the statute, in a suit by the latter against the persona] representative of a decedent, as to any statement or transaction occurring between himself, or between other persons, and such decedent.—Drew v. Simmons, 58 Ala. 463; Lewis v. Easton, 50 Ala. 470; Goodlett v. Kelly, 74 Ala. 213; Code, 1886, § 2765.
Under this principle, the Circuit Court properly excluded so much of the testimony of the witness W. M. Coleman as related to conversations and transactions with…
2Cases cited5 opinions
- Goodlett v. KellySupreme Court of Alabama · 1883
- Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1888
- Louis's Administrator v. EastonSupreme Court of Alabama · 1874
- Drew v. SimmonsSupreme Court of Alabama · 1877
- Long v. PattersonSupreme Court of Alabama · 1874
3Cited by9 opinions
- Clark v. Oregon Short Line R. R.Montana Supreme Court · 1909
- Wood v. IngramCourt of Appeals of Texas · 1924
- Mobile & Birmingham Railroad v. LaddSupreme Court of Alabama · 1890
- Payne v. MathisSupreme Court of Alabama · 1890
- Browning v. KellySupreme Court of Alabama · 1899
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