Martin v. Barney
Supreme Court of Alabama
Ebkor to tbe Circuit Court of Perry. Tried before tbe Hon. George Goldtbwaite. This was an action of debt on a judgment r eco ver d by Barney against tbe plaintiff in error and one Bell, as partners under tbe firm name of Bell & Martin, in tbe Circuit Court of Perry.
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Ebkor to tbe Circuit Court of Perry. Tried before tbe Hon. George Goldtbwaite. This was an action of debt on a judgment r eco ver d by Barney against tbe plaintiff in error and one Bell, as partners under tbe firm name of Bell & Martin, in tbe Circuit Court of Perry. Tbe defendant pleaded 1. Nul tiel record; 2. That the writ in tbe case of Barney v. Bell & Martin issued after tbe dissolution of partnership, and notice thereof published in tbe newspapers of tbe county, and that it bad never been served on him; 3. That tbe court bad no jurisdiction to render judgment in tbe case of Barney v.…
1Opinion of the Court
LIGON, J".
No objection is here made to the action of the court below in overruling the demurrer, but the sole question presented for our consideration is, did the Circuit Court err in rejecting the testimony of the witness McLaughlin.
We do not think it did, for the purpose of the evidence was to prove the manner in which the writ in the case of Barney v. Bell & Martin had been served, and by this parol proof to contradict or vary the sheriff’s return. It is clear that the return of the sheriff on the writ is, in its nature, both the highest and best evidence of the fact of execution, and that…
2Cases cited3 opinions
- Crafts v. DexterSupreme Court of Alabama · 1845
- Baker v. M'DuffieNew York Supreme Court · 1840
- Price v. CloudSupreme Court of Alabama · 1844
3Cited by6 opinions
- Prudential Casualty Co. v. KerrSupreme Court of Alabama · 1918
- Ingram v. Alabama Power Co.Supreme Court of Alabama · 1917
- Jefferson County Savings Bank v. McDermottSupreme Court of Alabama · 1891
- Fowler v. NashSupreme Court of Alabama · 1932
- Jaffe v. LeathermanSupreme Court of Alabama · 1933
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