Hall v. Montgomery
Supreme Court of Alabama
Error to the Circuit Court of Benton. The declaration contains fourteen counts. The first count, after the formal introduction, proceeds to alledge, that a certain matter was pending before the Register of DeKalb county, who was duly authorized to act in the premises, and try said matters of controversy, when James L. Lewis, by virtue of the pre-emption laws of the United States, passed in the year 1838, was claimant of a certain quarter section of land lying in the district…
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Error to the Circuit Court of Benton. The declaration contains fourteen counts. The first count, after the formal introduction, proceeds to alledge, that a certain matter was pending before the Register of DeKalb county, who was duly authorized to act in the premises, and try said matters of controversy, when James L. Lewis, by virtue of the pre-emption laws of the United States, passed in the year 1838, was claimant of a certain quarter section of land lying in the district attached to said land office, and a moiety of which said quarter section of land.one Charles D. Scroggins claimed…
1Opinion of the CourtOrmond, J.
The principal question presented upon the first twelve counts of the declaration, is, whether the trial in which the alledged false swearing took place, was a judicial proceeding. It appears, a certain matter of controversy was pending, before the Register of the land office, in DeKalb county, wherein James L. Lewis, by virtue of the pre-emption law of -Congress of the year 1838, was claimant of a quarter section of land, a moiety of which was claimed by one Scroggins adverse- • ly to Lewis. That the plaintiff was called upon as a witness by Lewis in support of his claim — that he was sworn…
2Cases cited1 opinion
- Ward v. ClarkNew York Supreme Court · 1806
3Cited by3 opinions
- Phillips v. BeeneSupreme Court of Alabama · 1849
- Harrell v. WhitmanSupreme Court of Alabama · 1851
- State v. BolandMissouri Court of Appeals · 1882