Johnson v. Howe's Admr's
Supreme Court of Alabama
John Johnson brought an action of debt, in the Circuit Court of Lauderdale county, againstRichard M’Mahon, administrator, and Isabella Howe, administratrix of William Howe, deceased; to recover theamount of a judgmentwhich he liad obtained against Howe in his lifetime, in the Court of common pleas of Lancaster district in South Carolina.
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John Johnson brought an action of debt, in the Circuit Court of Lauderdale county, againstRichard M’Mahon, administrator, and Isabella Howe, administratrix of William Howe, deceased; to recover theamount of a judgmentwhich he liad obtained against Howe in his lifetime, in the Court of common pleas of Lancaster district in South Carolina. The plaintiff offered in evidence at the trial, a transcript of the record from South Carolina, which was authenticated by the certificate of William M’Kenna, Clerk of the Court of Common Pleas of Lancaster district, dated the 12th of November, 1823, under…
1Opinion of the Court
By CHIEF JUSTICE LIPSCOMB.
The Judge sets-out in his certificate that he is an Associate Judge of the State, and presiding Judge of the Courts of Session and Common Pleas; but does not set out that he is presiding Judge of Lancaster District, where the judgment was rendered, , If the organization of the Courts of that State are such as to make each of the Judges the presiding Judge throughout the State, the certificate should have so stated it; otherwise we cannot be judicially advised of it. If the certificate had set out that he was presiding Judge for the district of Lancaster, or for the…
2Cases cited1 opinion
- Buel v. Van NessSupreme Court of the United States · 1823
3Cited by3 opinions
- Woodley v. FindlaySupreme Court of Alabama · 1846
- Pennell v. PercivalSupreme Court of Pennsylvania · 1850
- Brown v. AdairSupreme Court of Alabama · 1831