Huckabee v. Shepherd
Supreme Court of Alabama
Appeal from Bibb Circuit Court. Tried before Hon. James E. Cobb. This was an action of assumpsit by A. K. Shepherd against C. C. Huckabee, the plaintiff declaring on an open account, an account stated, for money paid, and for work and labor done; the amount sued for being alleged to have become due on 15th October, 1880. The cause was tried on the plea of the general issue, the trial resulting in a verdict and judgment for plaintiff.
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Appeal from Bibb Circuit Court. Tried before Hon. James E. Cobb. This was an action of assumpsit by A. K. Shepherd against C. C. Huckabee, the plaintiff declaring on an open account, an account stated, for money paid, and for work and labor done; the amount sued for being alleged to have become due on 15th October, 1880. The cause was tried on the plea of the general issue, the trial resulting in a verdict and judgment for plaintiff. The evidence introduced on behalf of the plaintiff tended to show that the defendant, being authorized to sell certain lands in Bibb county, known as the…
1Opinion of the CourtSomeryille, J.
There was no error in the action of the court admitting in evidence the original book containing a registration of deeds, which was a record required by law to be kept in the office of the probate judge. The purpose of its introduction by the plaintiff was to prove the contents of a registered deed executed by the defendant to plaintiff and one Carter, which had been -recorded as prescribed by law. This was clearly permissible after the predicate had first been laid, showing that the original deed was not in the custody or under the control of the party introducing this secondary evidence.…
2Cases cited3 opinions
- Brown v. IsbellSupreme Court of Alabama · 1847
- Lawson v. OrearSupreme Court of Alabama · 1842
- Carwile v. HouseSupreme Court of Alabama · 1844
3Cited by17 opinions
- McLaney v. TurnerSupreme Court of Alabama · 1958
- Sayre v. Wilson & IngramSupreme Court of Alabama · 1888
- Powell v. ThompsonSupreme Court of Alabama · 1885
- Smith v. MeyersNebraska Supreme Court · 1897
- Foxworth v. Brown Bros.Supreme Court of Alabama · 1897
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