Carwile v. House
Supreme Court of Alabama
Whit of error to the Circuit Court of Autauga. This was an action of trespass, quare clausum fregit, at the suit of the defendant in error. The declaration is in the usual form, but the indorsement on the writ states, that the action is brought as well as to try titles to sundry quarters of a quarter and half quarter sections of land (particularly described) as to recover damages for the detention of the same.
Read the full summary
Whit of error to the Circuit Court of Autauga. This was an action of trespass, quare clausum fregit, at the suit of the defendant in error. The declaration is in the usual form, but the indorsement on the writ states, that the action is brought as well as to try titles to sundry quarters of a quarter and half quarter sections of land (particularly described) as to recover damages for the detention of the same. The cause was tried on the plea of “not guilty,” and certain questions of law, arising at the trial, were duly reserved by bill of exceptions at the instance of the defendant. It is…
1Opinion of the CourtCollier, C. J.
1. It has been held as often as the point has been made, that although the copy of a record is admissible ■evidence, yet the original may be used where the party produces it. We can very well conceive why the copies of records and other public documents should be adjudged competent, but no reason suggests itself, why, if the original be present, it should pot be equally satisfactory to establish the facts which it discloses. The argument of the counsel for the plaintiff in error would exclude the executions because they are records, and should not be removed from their proper depository. It…
2Cited by2 opinions
- Huckabee v. ShepherdSupreme Court of Alabama · 1883
- Stevenson v. MoodySupreme Court of Alabama · 1887