Legal Opinion

Brown v. Johnson

Supreme Court of Alabama

Decided January 15, 1868PublishedCited by 2 opinions

Appeal from the Circuit Court of Henry. Tried before the Hon. H. D. Clayton. This action was brought by Eldred Johnson against Thomas Brown, the appellant; was commenced on the 19th March, 1861, and was founded on a promissory note, of which, and the endorsements thereon, the following is a copy: “$200 00. By the first day of January, 1859, we promise to pay Thomas Brown or bearer, two hundred dollars, for value received, Oct. 17, 1857. (Signed,) Hunt & Adams.”

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Appeal from the Circuit Court of Henry. Tried before the Hon. H. D. Clayton. This action was brought by Eldred Johnson against Thomas Brown, the appellant; was commenced on the 19th March, 1861, and was founded on a promissory note, of which, and the endorsements thereon, the following is a copy: “$200 00. By the first day of January, 1859, we promise to pay Thomas Brown or bearer, two hundred dollars, for value received, Oct. 17, 1857. (Signed,) Hunt & Adams.” “I endorse the within note, January 3, 1859, Thomas Brown; but must try Adams first. Thomas Brown.” On the trial, the bill of…

1Opinion of the CourtA. J. Walker, C. J.

The certificate of the judge to the transcript from the superior court of Clay county, Georgia, fails to show that the person certifying was judge of the particular court, from the records of which the trans*210cript was taken. The court erred in admitting the transcript in evidence. — Elliott v. McClelland, 17 Ala. 206.

The demurrer to the complaint was properly overruled, because it did not specify the' matter of substance in which it was defective. — Code, § 2253.

The endorsement given in evidence is in the following words : “I endorse the within note, January the 3d, 1859, Thomas Brown; but…

2Cases cited6 opinions

  1. Campbell v. StateSupreme Court of Alabama · 1853
  2. Watt's Ex'rs. v. SheppardSupreme Court of Alabama · 1841
  3. Drake v. GoreeSupreme Court of Alabama · 1853
  4. Garnett v. YoeSupreme Court of Alabama · 1849
  5. Allen v. GreeneSupreme Court of Alabama · 1851

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Prine v. American Central Ins.Supreme Court of Alabama · 1911
  2. Sugg's Administrator v. Winston's AdministratrixSupreme Court of Alabama · 1873

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