Hogan v. Branch Bank at Decatur
Supreme Court of Alabama
Appeal from the Court of Chancery sitting in Morgan county. The plaintiffs in error filed their bill, setting forth that the Messrs. Hogan, as principals, and S. Meredith and T. Skidmore, as their sureties, on the 28th May, 1841, made and negitiat-ed their promissory note to the defendant, for the sum of $7,000 ; which has been reduced by payments to $4,050. For this balance, a suit is pending in favor of the defendant, in the circuit court of Morgan.
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Appeal from the Court of Chancery sitting in Morgan county. The plaintiffs in error filed their bill, setting forth that the Messrs. Hogan, as principals, and S. Meredith and T. Skidmore, as their sureties, on the 28th May, 1841, made and negitiat-ed their promissory note to the defendant, for the sum of $7,000 ; which has been reduced by payments to $4,050. For this balance, a suit is pending in favor of the defendant, in the circuit court of Morgan. Complainants alledge, that this latter sum has been extinguished in equity, by the following transactions, viz: On the 28th August, 1838, A. S.…
1Opinion of the CourtCollier, C. J.
We will not stop to inquire whether a notary public is authorized to administer an oath where it is necessary thus to verify a paper which is to be made part of the proceedings in a cause. It may however be remarked that we have a statute which authorises a notary to administer oaths and affirmations according to law, in all matters belonging or incident to their notarial office ; to receive proof of all instruments of writing relating to commerce, or navigation, and such other writings as are commonly proved or acknowledged before notaties within the United States. [Kirksey v. Bates, 7…
2Cases cited1 opinion
- Haight v. Morris AqueductU.S. Circuit Court for the District of New Jersey · 1826
3Cited by4 opinions
- Parker v. Ebsco Industries, Inc.Supreme Court of Alabama · 1968
- Griffin v. State BankSupreme Court of Alabama · 1850
- Garrett v. LynchSupreme Court of Alabama · 1870
- Empire Guano Co. v. Jefferson Fertilizer Co.Supreme Court of Alabama · 1908