Henderson v. Bank at Montgomery
Supreme Court of Alabama
Writ of Error to the Circuit Court of Monroe. Trial of the right of property. The bank jhaving levied an execution on certain slaves, as the property of Charles T. McConico, and Julius A. Wood, a claim was interposed to try the right, and bond executed by the plaintiff in error. Upon the trial, as appears from a bill of exceptions, the plaintiff introduced the deposition of one Wm. A. Campbell.
Read the full summary
Writ of Error to the Circuit Court of Monroe. Trial of the right of property. The bank jhaving levied an execution on certain slaves, as the property of Charles T. McConico, and Julius A. Wood, a claim was interposed to try the right, and bond executed by the plaintiff in error. Upon the trial, as appears from a bill of exceptions, the plaintiff introduced the deposition of one Wm. A. Campbell. The plaintiff objected to tha fifth interrogatory, and the answer to it as follows: Do you, or not, know the said fi. fa’s are copied ? If so, state whose hand-writing. Do you know whether Paul…
1Opinion of the CourtOrmond, J.
When the witness, Campbell, answered, that he knew the writing shown to him to be the handwriting of Paul Williamson, the answer included within it an affirmation, that he knew the hand-writing of Williamson. If it was thought proper by the adverse party, he should have inquired into the source of his knowledge. It is not necessary to qualify one to swear that a paper is in *858the hand-writing of a particular person, that he should state how he obtained a knowledge of the character of his handwriting.
The objection to the reading of the exhibit to the deposition of Campbell, was not tenable. A…
2Cases cited1 opinion
- Fryer v. DennisSupreme Court of Alabama · 1841
3Cited by6 opinions
- Craft v. Standard Acc. Ins. Co.Supreme Court of Alabama · 1929
- Kountz v. PriceMississippi Supreme Court · 1866
- Gafford v. SpeakerSupreme Court of Alabama · 1899
- Schamagel v. WhitehurstSupreme Court of Alabama · 1893
- Bradford & Sons v. BassettSupreme Court of Alabama · 1906
1 more not listed; retrieve them via the Exa API.