Tyree v. Rives
Supreme Court of Alabama
Appeal from Circuit Court of Dallas. Tried before Hon. M. J. Safeold. Tyree brought suit against Reeves as indorser of a promissory note, payable in bank at Mobile, Alabama; and having-introduced the note, offered in connection therewith a protest by a notary of that city, bearing date May 20, 1862. The defendant objected to the introduction of the protest upon the grounds stated in the opinion, and the court refused to. permit it to be read in evidence, and the plaintiff…
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Appeal from Circuit Court of Dallas. Tried before Hon. M. J. Safeold. Tyree brought suit against Reeves as indorser of a promissory note, payable in bank at Mobile, Alabama; and having-introduced the note, offered in connection therewith a protest by a notary of that city, bearing date May 20, 1862. The defendant objected to the introduction of the protest upon the grounds stated in the opinion, and the court refused to. permit it to be read in evidence, and the plaintiff excepted. This being in substance all the evidence, the court, at the request of the defendant, charged the jury, if they…
1Opinion of the CourtStone, J.
The Circuit Court, on the objection of defendant, excluded the notary’s protest from the jury. The objections were specified, and were two in number. Under these circumstances we will notice only the objections specified. — 1 Brick. Dig. 887, § 1194.
The objections to the introduction of the protest were: first, “ that the same had been erased in three several places;” and, second, that “the notary before whom it was executed, was an officer of the rebel State of Alabama.” We are not informed in what the erasures consisted, or how they affected the aj>pearance of the paper. The objection was…
2Cases cited6 opinions
- Reed v. KempIllinois Supreme Court · 1855
- Stoner v. EllisIndiana Supreme Court · 1855
- Devoy v. MayorNew York Supreme Court · 1861
- Johnson v. McGeheeSupreme Court of Alabama · 1840
- Parks, Brewer & Co. v. CoffeySupreme Court of Alabama · 1875
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