Stewart v. Conner
Supreme Court of Alabama
Writ of Error to the Circuit Court of Pickens. This was an action of assumpsit, at the suit of the defendant in error. The declaration, among other counts, is, for goods sold and delivered ; money had and received ; money paid, laid out and expended; money lent and advanced, and an account stated. The cause was tried on the plea of non assumpsit, a verdict returned for the plaintiff, and judgment rendered accordingly.
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Writ of Error to the Circuit Court of Pickens. This was an action of assumpsit, at the suit of the defendant in error. The declaration, among other counts, is, for goods sold and delivered ; money had and received ; money paid, laid out and expended; money lent and advanced, and an account stated. The cause was tried on the plea of non assumpsit, a verdict returned for the plaintiff, and judgment rendered accordingly. From a bill of exceptions, sealed at the instance of the defendant, it appears that the plaintiff offered as evidence a decree of the Orphan’s Court of Pickens, rendered on the…
1Opinion of the CourtCollier, C. J.
The evidence of the clerk of the county court, that he had made diligent .search for the three writs of fieri facias, which first issued for the collection of the sev-’ eral sums adjudged by the decree to Jemison and Stewart, *812and had been unable to find them, we think was quite sufficient to let in secondary evidence of their contents.
By the act of 1813, the clerk of every court is required to enter in a docket, or book kept for that purpose, a list of all executions issued by him, specifying therein the names of the parties, the amount of the judgment, interest and costs in such execution;…
2Cases cited12 opinions
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- Phillips v. BridgeMassachusetts Supreme Judicial Court · 1814
- Dupuy v. RoebuckSupreme Court of Alabama · 1845
- Sutherland v. Brush, Crosby & PalmerNew York Court of Chancery · 1823
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3Cited by25 opinions
- Wilson v. StateSupreme Court of Alabama · 1883
- Marks v. CowlesSupreme Court of Alabama · 1878
- Town Council of Cahaba v. BurnettSupreme Court of Alabama · 1859
- Gunter v. LeckeySupreme Court of Alabama · 1857
- Williams v. PearsonSupreme Court of Alabama · 1862
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