Locke v. Winston
Supreme Court of Alabama
Error to the Circuit Court of Greene. Assumpsit by Winston v. Locke, oh a special contract, and the common counts. At the trial, the plaintiff read in evidence the following agreement, signed by the defendant’s testator, and dated 12th October, 1841, to wit: “ Received of John J. Winston $200, in full for the damages on the execution of Thomas and James Kirkman, against me, issued from the county court of Lauderdale county, on a judgment obtained against me as sheriff of…
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Error to the Circuit Court of Greene. Assumpsit by Winston v. Locke, oh a special contract, and the common counts. At the trial, the plaintiff read in evidence the following agreement, signed by the defendant’s testator, and dated 12th October, 1841, to wit: “ Received of John J. Winston $200, in full for the damages on the execution of Thomas and James Kirkman, against me, issued from the county court of Lauderdale county, on a judgment obtained against me as sheriff of Greene county, for not making the money on an execution against John J. 'Winston, in favor of the said Kirkmans. And I…
1Opinion of the CourtGoldthwaite, J.
At first we were inclined to think *851this case was within the principle decided in Draughtan v. The Tombeckbee Bank, 3 Stewart 54, but the examination of the record satisfies us that a different question is presented from the one then decided. The certificate of reversal which our statutes provide to be issued by the clerk of this court, for the information and action of the court below, is, as was then held, a mere official act, having no other effect than to advise the inferior tribunal of what this court had done in the premises, and therefore was not evidence in another suit of the…
2Cases cited1 opinion
- Draughan v. Tombeckbee BankSupreme Court of Alabama · 1830
3Cited by9 opinions
- Gibson v. RobinsonSupreme Court of Georgia · 1893
- Mayer v. BrensingerIllinois Supreme Court · 1899
- Dothard v. SheidSupreme Court of Alabama · 1881
- Lyon v. BollingSupreme Court of Alabama · 1848
- Haynes v. CowenSupreme Court of Kansas · 1875
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