Averett v. Thompson
Supreme Court of Alabama
Error to the County Court of Sumter. Before the Hon. Preston G. Nash, Judge. This was an action of assumpsit, on the common counts only, by defendant, against plaintiff in error.
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Error to the County Court of Sumter. Before the Hon. Preston G. Nash, Judge. This was an action of assumpsit, on the common counts only, by defendant, against plaintiff in error. A bill of exceptions, found in the record, discloses the following facts: After the defendant in error had introduced evidence, tending to show, that plaintiff in error had, as his agent, in Onslow county, North Carolina, sold certain property of the defendant, and received therefor the sum of §600, the plaintiff offered proof to rebut this evidence, introduced by defendant, and proved, that the only sale he had ever…
1Opinion of the CourtChilton, J.
No question was raised in the court below, as to the admissibility of the record, showing a judgment and execution in favor of Daniel Thompson, against the defendant in error, and consequently, no question as to its authentication can be raised here. The only question we need consider, is, whether the record furnished sufficient warrant to the plaintiff in error for making the sale of the slaves.
He was the sheriff of Onslow county, in the state of North Garolina, and the record shows that a writ of fieri facias, was placed in his hands, which was regular upon its face, issued from the…
2Cases cited2 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Peters v. HeydenfeldtSupreme Court of Alabama · 1841
3Cited by1 opinion
- Adams v. HigginsSupreme Court of Florida · 1887