Wetherbee v. Roots

Citations

• 72 Miss. 355

Syllabus

<p>1. Witness. Competency. Estate of decedent. Code 1892, 1 1740.</p> <p>Under $ 1740, code 1892, providing that one shall not testify to establish his claim or defense against a decedent, the maker of a note sued by the administrator of an assignee thereof is incompetent to testify that the note was without consideration and procured by fraud of the'orig-inal payee. Duncan v. Gercline, 59 Miss., 550.</p> <p>2. Stake Decisis. Statute construed. Re-enactment. Effect.</p> <p>Where a statute which has been construed by the supreme court is, on a codification of the laws, re-enacted without material change, and the same question again arises, the construction will be controlling.</p>