Lemay v. Walker
Supreme Court of Alabama
Appeal from Lauderdale Circuit Court. Tried before Hon. W. B. "Wood. The appellee, A. W. Walker, commenced this action before a justice of the peace, against the appellant, C. W. Lemay, as the executor of Harriet Boothe, deceased. Judgment having been rendered against the appellant, he appealed to the Circuit Court.
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Appeal from Lauderdale Circuit Court. Tried before Hon. W. B. "Wood. The appellee, A. W. Walker, commenced this action before a justice of the peace, against the appellant, C. W. Lemay, as the executor of Harriet Boothe, deceased. Judgment having been rendered against the appellant, he appealed to the Circuit Court. The bill of exceptions recites, “ that on the trial of the cause, the plaintiff produced an account against defendant’s testatrix for services alleged to have been rendered to her during her life, for the sum of fifteen dollars, and to prove and establish said account, introduced,…
1Opinion of the CourtBrickell, C. J.
A limitation on the competency of parties as witnesses, imposed by the act of March 2, 1875, now forming § 3058 of the Code of 1876, is, “ that neither party shall be allowed to testify against the other, as to any transaction with, or statement by, any deceased person whose estate is interested in the result of such suit, or when such deceased person, at the time of such statement or transaction, acted in any representative or fiduciary relation whatever to the party against whom such testimony is sought to be introduced.” Prior to the adoption of the statute of 14th February, 1867,…
2Cited by16 opinions
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- Allgood v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1916
- Shiv-Ram, Inc. v. McCalebSupreme Court of Alabama · 2004
- Fulton v. StateSupreme Court of Alabama · 1911
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