Swink v. French
Swink v. French
Opinion of the Court
delivered the opinion of the court.
This is the same case reported, under the style of Olivia Taylor et al. v. James H. French and John Harbert, in 2 Lea, 257. The two plaintiffs have since then married and the defendants have both died, the suit being revived against their personal representatives,
Upon application of the defendants, there was, by order of the court, a severance in the trial. The record in the present case contains the result of the trial against the administratrix of French, the verdict and judgment being in favor of the defendant, and the plaintiffs appealing in error.
The action is upon two promissory notes in which James H. French was an endorser, and the object of the plaintiffs was to show to the satisfaction of the .jury that he had made himself more absolutely liable than as an ordinary endorser. For this purpose, the plaintiffs introduced testimony tending to show that he had bound himself as a surety or guarantor. The defendant then introduced evidence tending to show a contract between the makers of the notes and the original plaintiffs for an extension of the time of payment for one year after the maturity of the paper without the knowledge of French. To meet this Evidence the plaintiffs undertook to prove that at the time of the alleged contract of extension, June 1, 1871, Olivia
Pedigree, by which is meant the lineage, descent or succession of families, all the authorities agree, may be proved by reputation or what is commonly called hearsay. And pedigree, 'the authorities equally agree,, embraces not only descent and relationship, but also the facts of birth, marriage aud death, and the times when these events happened : 1 Gr. Ev., sec. 104; 1 Whart. Ev., sec. 208. And the existence of a family register does not exclude proof of declarations of deceased members of the family: Clements v. Hunt, 1 Jones, 400. For an entry in such a register is only a declaration oí the parent or relation who made it in the matter of pedigree: 1 Gr. Ev., sec. 104. Such evidence is admissible whenever any question of pedigree, as above defined, arises in the progress of a cause. In ejectment, the relationship and death without issue of certain persons were allowed to be proved
His Honor, the trial judge, erred therefore, in excluding the testimony under consideration. And the judgment must be reversed, and the cause remanded for another trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.