Legal Opinion

Butler v. O'Brien

Supreme Court of Alabama

Decided January 15, 1843PublishedCited by 25 opinions

Writ of Error to the Circuit Court of Tallapoosa. The defendant in error and his partner, since deceased, caused an attachment to be issued against "the estate of Salem C. Gar•rett, returnable into the circuit court of Tallapoosa; which attachment was levied on a stock of merchandize, to which the plaintiffs in error interposed a claim, in the manner prescribed by ■the statute, with a view to a trial of the right of property, and executed a bond with William C. Morgan and…

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Writ of Error to the Circuit Court of Tallapoosa. The defendant in error and his partner, since deceased, caused an attachment to be issued against "the estate of Salem C. Gar•rett, returnable into the circuit court of Tallapoosa; which attachment was levied on a stock of merchandize, to which the plaintiffs in error interposed a claim, in the manner prescribed by ■the statute, with a view to a trial of the right of property, and executed a bond with William C. Morgan and John W. Butler, their sureties, payable to the sheriff of Tallapoosa, which bond is dated on the 20th December, 1837,…

1Opinion of the CourtCollier, C. J.

Although the transcript contains a bond in due form, executed by the claimants and William C. Morgan, yet as this bond Wasmot brought to the view of the court, when the latter was offered .as a witness, we must consider the question of his competency upon the evidence of interest which was then shown to the court. In respect to the bond which was found in the file, bearing date in 1839, it must be placed entirely out of view, as it contains no intrinsic evidence of its having been sanctioned by the court, and the statement of the clerk affords a Strong presumption that the reverse is true.…

2Cases cited1 opinion

  1. Morse v. HodsdonMassachusetts Supreme Judicial Court · 1809

3Cited by25 opinions

  1. McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
  2. Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
  3. Wolffe v. StateSupreme Court of Alabama · 1885
  4. Firemen's Insurance v. Cochran & Co.Supreme Court of Alabama · 1855
  5. Tennessee & Coosa Railroad v. East Alabama Railway Co.Supreme Court of Alabama · 1882

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