Murray v. Tardy
Supreme Court of Alabama
Ere.gr: to» the Circuit Court. ofMobile,- Tried before &?-: lion, John-. Braggi--. 1; Tbe substituted papers cannot be recognized as parts of the record.
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Ere.gr: to» the Circuit Court. ofMobile,- Tried before &?-: lion, John-. Braggi--. 1; Tbe substituted papers cannot be recognized as parts of the record. The order to substitute is-erroneous, because, 1st, it was made without any proof,, of the loss,, and it is not shown whether the loss was before or after judgment; 2d, it was made without notice to the defendants bblow; 3d, it is general and too broad; it allows plaintiff'to.file wliat he pleases, without any proof or restriction, .whether similar to the papers supposed to be lost or not; ,4th, it is confined to plaintiff, .and does not…
1Opinion of the CourtColeman, J.
Two transcripts of record are filed in this 'cause. In the first transcript the clerk certifies a judgment only, and that the same-is all “the record of said cause on file, the balance being lost or mislaid.”
The counsel for the plaintiff in the court below insists that the judgment ought to be sustained, because the entry shows that the parties appeared in court, joined issue, and the jury found a verdict for the plaintiff, and that hence the existence of «.writ, declaration and plea should be presumed. We do not think we are authorized to go so far, and in that aspect of the case, must…
2Cases cited4 opinions
- Dozier v. JoyceSupreme Court of Alabama · 1838
- McLendon v. JonesSupreme Court of Alabama · 1845
- Wilkerson v. BranhamSupreme Court of Alabama · 1843
- Doswell v. StewartSupreme Court of Alabama · 1847
3Cited by6 opinions
- State Ex Rel. Cooper v. EllisSupreme Court of Alabama · 1924
- Ex parte Industrial Finance & Thrift Corp.Supreme Court of Alabama · 1951
- Krasner v. GurleySupreme Court of Alabama · 1947
- Stringer v. EcholsSupreme Court of Alabama · 1871
- Costley v. DriverSupreme Court of Alabama · 1871
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