Elliott v. McClelland
Supreme Court of Alabama
Error to the Circuit Court of Jackson. Tried before the Hon. S. C. Posey. The defendant in error sued the plaintiff in error on an instrument in the following words: “I have employed George W. Paschal to collect by suit or as he best can two accounts due me — one for two thousand and eighty-six dollars and sixteen cents on John Dillard, and the other for seven hundred and forty-six dollars against said Dillard and James Harrison and the late Samuel Mackay, deceased, and I…
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Error to the Circuit Court of Jackson. Tried before the Hon. S. C. Posey. The defendant in error sued the plaintiff in error on an instrument in the following words: “I have employed George W. Paschal to collect by suit or as he best can two accounts due me — one for two thousand and eighty-six dollars and sixteen cents on John Dillard, and the other for seven hundred and forty-six dollars against said Dillard and James Harrison and the late Samuel Mackay, deceased, and I bind myself, my heirs, executors and administrators, to pay said Paschal for his services in prosecuting said suits the…
1Opinion of the CourtChilton, J.
This record presents two questions,— L Whether the exemplifications of the record of the suits in Crawford county, in the State of Arkansas, were properly authenticated, so as to be admissible in evidence. 2, Whether the contract declared on as shown by the bill of exceptions was void for champerty.
1. Upon the first, we can have no doubt. The act of Con-, gress, which prescribes the mode in which public acts, 'records and judicial proceedings in each State shall be authenticated, so as to take effect in every other State, requires the attestation of the clerk of the court in which the…
2Cases cited4 opinions
- Sewall v. HenrySupreme Court of Alabama · 1846
- Walker v. CuthbertSupreme Court of Alabama · 1846
- Holloway v. LoweSupreme Court of Alabama · 1838
- Holloway v. LoweSupreme Court of Alabama · 1840
3Cited by9 opinions
- Davis v. WebberSupreme Court of Arkansas · 1899
- Goodman v. WalkerSupreme Court of Alabama · 1857
- Watkins v. SedberrySupreme Court of the United States · 1923
- Gilman, Son & Co. v. JonesSupreme Court of Alabama · 1888
- Courtright v. BurnesU.S. Circuit Court for the District of Western Missouri · 1881
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