Kilgore v. Stanley
| Decision Date | 19 June 1890 |
| Citation | 8 So. 130,90 Ala. 523 |
| Parties | KILGORE v. STANLEY. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Walker county; JAMES B. HEAD, Judge.
Action by J. M. Stanley against John Kilgore. There were verdict and judgment for plaintiff, and defendant appeals.
Gunter & Sowell, for appellant.
W B. Appling, for appellee.
The single question in this case is whether the general charge should have been given against plaintiff's rights to a verdict. The defendant asked that charge, and its refusal is the only question reserved. The suit was by Stanley, as transferee of an account for medical services rendered by Dr Monroe. The record presents no question on the sufficiency or legality of the testimony, by which it is sought to prove that the services were rendered, or their value. The defense made was that plaintiff failed to show Dr. Monroe's right to maintain a suit for the recovery of the claim. Being transferee and suing as such, of course if Monroe could not recover, his transferee cannot. The suit was commenced before a justice of the peace, but, before its institution, Dr Monroe had ceased to be a resident of Alabama. Two days before the justice's trial plaintiff was notified to produce the doctor's license to practice medicine. It has not been produced on any of the trials. It was proved however, by Dr. Rosamond that between the years 1872 and 1874 Dr. Monroe was examined by the medical board of Walker county, of which witness was president, and that a license was issued to him, signed by witness as president, and countersigned by the secretary of the board, authorizing him to practice medicine; that this was done in Jasper, just opposite the probate judge's office; that witness then told Dr. Monroe that it (the license) had to be signed by the probate judge, and registered in his office; "and that Monroe then said he would go and have it done, and started towards the probate judge's office, but witness did not know whether Monroe saw the probate judge, or had the license registered on his books." He proved further that from the time said license was signed until about 1888, (14 to 16 years,) Dr. Monroe practiced medicine in Walker county. He then moved to Arkansas, where he has since resided. In 1884 the court-house in Walker county was burned, together with all the records of the probate court. At the time Dr. Monroe received his license, as testified by Dr. Rosamond, he...
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Zumbado v. State
...rejected.' Pitts v. Burroughs, 6 Ala. 733 [1844]. "This rule of evidence has been repeatedly reaffirmed by our courts. Kilgore v. Stanley, 90 Ala. 523, 8 So. 130 [1890]; Martin v. State, 77 Ala. 1 [1884]; Harris v. State, 96 Ala. 24, 11 So. 255 [1892]; Burton v. State, 115 Ala. 1, 22 So. 58......
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Hayes v. State, 6 Div. 2
...improperly rejected.' Pitts v. Burroughs, 6 Ala. 733. This rule of evidence has been repeatedly reaffirmed by our courts. Kilgore v. Stanley, 90 Ala. 523, 8 So. 130; Martin v. State, 77 Ala. 1; Harris v. State, 96 Ala. 24, 11 So. 255; Burton v. State, 115 Ala. 1, 22 So. 585; Central of Geor......
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Porter v. State
...in going to the particular place; and for that purpose were admissible, their weight being a matter for the jury to determine. Kilgore v. Stanley, 90 Ala. 523 [8 South. 130], and authorities there Each of the following cases held exactly the same way, to wit: Burton v. State, 115 Ala. 1, 22......
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Hardaman v. State
...the res gestae of his leaving, and tended to explain and give character thereto. Harris v. State, 96 Ala. 24, 11 So. 255; Kilgore v. Stanley, 90 Ala. 523, 8 So. 130; Maddox v. State, 159 Ala. 53, 48 So. Central of Ga. R.R. Co. v. Bell, 187 Ala. 541, 65 So. 835. The sufficiency of the predic......