Kenan v. Starke
Supreme Court of Alabama
Wkit of error to the county court of Dallas. Assumpsit by Starke and Moore, as partners against E. Ken-an as the administration of M. J. Kenan, deceased, on the common counts. Thé defendant pleaded non assumpsit, statute of non claim, and payment; on which there were issues.
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Wkit of error to the county court of Dallas. Assumpsit by Starke and Moore, as partners against E. Ken-an as the administration of M. J. Kenan, deceased, on the common counts. Thé defendant pleaded non assumpsit, statute of non claim, and payment; on which there were issues. At the trial, the plaintiffs proved that one Blount had been one of the executors of Kenan, that he qualified as such on the 28th of August, 1837, and having settled up, he resigned, and was discharged by the proper court on the 14th February, 1839. They then produced and offered as evidence, a paper in these words:…
1Opinion of the CourtGoldthwaite, J.
1. Thedefendant in error, asserts that no examination can be had of the questions attempted to be raised; because the bill of exceptions has no seal affixed. We shall not now consider whether such an omission would cause exceptions, otherwise sufficiently certified to be rejected, because, in our opinion, the transcript does not sustain the objection. On reference to it, we find the presiding judge has added, after his name, the word seal, and there is a scroll around it. Applied to a bill of exceptions, this must be considered as what it purports to be.
*7752.The offer of the defendant below to.…
2Cases cited1 opinion
- Sherrod v. RhodesSupreme Court of Alabama · 1843
3Cited by2 opinions
- Starke v. KenanSupreme Court of Alabama · 1847
- Strickland v. BurnsSupreme Court of Alabama · 1848