Sandlin v. Anderson, Green & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Cullman. Tried before the Hon. H. O. Spicake. This was a statutory trial of the right of property in and to two mules, a buggy and harness, between Anderson, Green & Co., plaintiffs in execution against William Conant, and Daniel Sandlin as claimant; and on the death of said claimant, the suit was revived in favor of his administrators, who are the appellants.
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Appeal from the Circuit Court of Cullman. Tried before the Hon. H. O. Spicake. This was a statutory trial of the right of property in and to two mules, a buggy and harness, between Anderson, Green & Co., plaintiffs in execution against William Conant, and Daniel Sandlin as claimant; and on the death of said claimant, the suit was revived in favor of his administrators, who are the appellants. The plaintiffs’ judgment is not set out in the record, but the execution which was levied on the property recites that they “recovered judgment before B. F. Still, on the 7th August, 1880, for one…
1Opinion of the CourtSomeryille, J.
— The courts of thé State are presumed to judicially know who are the various commissioned officers within its limits, and to know the extent of their authority, and the genuineness of their official signatures. This principle is applicable to justices of the peace, and authorized the admission in evidence of the justice’s execution against Conant, as prima faeie correct, without any proof as to his signature or personal identity.— Coleman v. The State, 63 Ala. 93; 1 Greenl. Ev. (14th Ed.) § 6; 1 Whart. Ev. § 324; 1 Brick. Dig. 805, § 22; Watson v. The State, 63 Ala. 19.
This execution was not…
2Cases cited10 opinions
- Ellis v. MartinSupreme Court of Alabama · 1877
- McDougald's Adm'r v. RutherfordSupreme Court of Alabama · 1857
- Steele v. TutwilerSupreme Court of Alabama · 1880
- Watson v. StateSupreme Court of Alabama · 1879
- Jones v. FortSupreme Court of Alabama · 1860
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Dolan v. StateSupreme Court of Alabama · 1886
- Ryan v. YoungSupreme Court of Alabama · 1906
- Wyatt v. StateSupreme Court of Alabama · 1952
- Casey v. BryceSupreme Court of Alabama · 1911
- Richmond & Danville Railroad v. GreenwoodSupreme Court of Alabama · 1892
15 more not listed; retrieve them via the Exa API.