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41 Ala. 382

Padgett v. Padgett

Supreme Court of Alabama

Decided June 15, 1867

Supreme Court of Alabama · decided 1867-06-15

In the matter of the final settlement of the accounts and vouchers of Gray Padgett, as the guardian of Eliza Padgett, a minor. On the settlement, which was made on the 7th December, 1866, several exceptions were reserved by the ward to the rulings of the court on questions of practice and evidence, and also to the final decree; and these matters are here assigned as error.

Cited by 1 later decisions — most recently December 1876

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1867-06-15

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JUDGE, J.

¶1At the date of the settlement by the guardian in this case, he might have established by his own oath any item in his account not exceeding twenty dollars ; but it appears from the record that the court permitted him to testify generally as a witness in his own behalf. In permitting this, the court below erred. Our decision upon this point is, of course, made without reference to the act in relation to the competency of witnesses, which became a law subsequent to the date of the settlement.—Acts 1866-67, p. 435. This act may exercise an important influence over the case on another settlement.

¶2There are other questions in the cause; but some of them are not very clearly presented by the bill of exceptions, and we decline to notice any other than the one above *383designated; for the erroneous ruling of the probate court in relation to which, the decree must be reversed, and the cause remanded.

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