Ellerson v. State
Supreme Court of Alabama
Appeal from Clay Circuit Court. Tried before ITon. Leroy P. Pox. At the Spring Term, 1881, of said court, Philip Ellerson, the defendant, was indicted, tried and convicted, under section 4353 of the Code of 1876, for selling or removing personal property, on which one Ulysses Lewis is alleged to have had a lien or claim, the indictment following the form prescribed by the Code, and alleging the value of the property to be twenty dollars. , The defendant demurred to the…
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Appeal from Clay Circuit Court. Tried before ITon. Leroy P. Pox. At the Spring Term, 1881, of said court, Philip Ellerson, the defendant, was indicted, tried and convicted, under section 4353 of the Code of 1876, for selling or removing personal property, on which one Ulysses Lewis is alleged to have had a lien or claim, the indictment following the form prescribed by the Code, and alleging the value of the property to be twenty dollars. , The defendant demurred to the indictment, and his ■demurrer having been overruled by the court, he pleaded not guilty, and upon this plea the cause was…
1Opinion of the CourtBbickell, C. J.
The indictment follows the form prescibed by the Code, and must be deemed sufficient.- — Code of 1816, Form 51, p. 991.
2. Where the execution of a private writing having the attestation of a subscribing witness, is drawn in question directly, not incidentally, the evidence of the subscribing witness is the best and only admissible evidence, unless the impracticability of producing it can be satisfactorily shown, or unless the witness has become legally incompetent from some cause not chargeable as a fault against the party on whom the making of the proof devolves. — 1 Greenl. Ev. § 569.…
2Cases cited3 opinions
- Smyth v. TankersleySupreme Court of Alabama · 1852
- Thompson v. MawhinneySupreme Court of Alabama · 1850
- Williams v. NolenSupreme Court of Alabama · 1859
3Cited by12 opinions
- Meyer Bros. v. MitchellSupreme Court of Alabama · 1883
- Elliott v. DyckeSupreme Court of Alabama · 1884
- White Sewing Machine Co. v. SaxonSupreme Court of Alabama · 1898
- Poole v. GriffithSupreme Court of Alabama · 1927
- Askew Bros. v. Steiner & LobmanSupreme Court of Alabama · 1884
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