Bullock v. Ogburn
Supreme Court of Alabama
Error to the County Court of Shelby. This action was commenced before a justice of the peace on a promissory note made by the plaintiff in error, Leonard Bullock, payable to E. W. Ogburn, for $46 16, dated 8th October, 1844, and due six months after the date thereof.
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Error to the County Court of Shelby. This action was commenced before a justice of the peace on a promissory note made by the plaintiff in error, Leonard Bullock, payable to E. W. Ogburn, for $46 16, dated 8th October, 1844, and due six months after the date thereof. The suit was brought in the name of the payee for the use of Saunders, but it appeared that the note, previous to the issuance of the warrant, had been indorsed, without recourse by the payee, who was made the nominal plaintiff, to Saunders, for whose use it was brought — a judgment having been rendered for the defendant below,…
1Opinion of the CourtChilton, J.
1. In rejecting the proof of Wilson, the justice, the county court but affirmed the incontestable rule of evidence that the party, who is to prove a fact, must do it by the highest evidence of which the nature of the thing is capable, and which it is in his power to produce. True, justices’ courts are not courts of record, yet, a party is not permitted to prove by secondary evidence what appears in writing in their offices, without first laying the predicate by showing the loss, or destruction of the better evidence. In the case of Kennedy v. Dear, 9 Por. 90, the court rule, the justice who…
2Cited by15 opinions
- Hemingway v. GarthSupreme Court of Alabama · 1874
- Long v. RodgersSupreme Court of Alabama · 1851
- Drake v. Elewellen & Co.Supreme Court of Alabama · 1858
- Johnson v. MartinSupreme Court of Alabama · 1875
- Jordan v. CopelandSupreme Court of Alabama · 1961
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