Citation Numbers: 13 Ala. App. 550, 69 So. 909
Judges: Brown
Filed Date: 10/19/1915
Status: Precedential
Modified Date: 7/19/2022
Action on the common counts by appellant in his official capacity as administrator of the estate of Eugenia Enzor, deceased, against the appellee in his capacity as administrator cum testamento annexo of M. O. Merritt, deceased, to recover on account of an indebtedness contracted by the testator of the defendant with the intestate of the plaintiff.
In undertaking to discharge this burden, the plaintiff offered in evidence the original letters of administration on the estate of his intestate granted to him by the probate court of Crenshaw county, and for the purpose of neutralizing this proof and destroying its evidentiary value by showing that the probate court was without jurisdiction to grant these letters, the court, over the plaintiff’s objection, on cross-examination of the plaintiff, allowed the defendant to show that plaintiff’s intestate, at the time of her death, resided in Montgomery county, and not in Crenshaw county, and on this proof being made, the court rejected the letters of administration as evidence, and on account of this ruling the plaintiff took a nonsuit with bill of exceptions.
Reversed and remanded.