Askew Bros. v. Steiner & Lobman
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before the Hon. John Moore. This action was brought by the appellants, suing as partners, to recover damages for the defendants’ alleged conversion of a mule called Cricket/ and was commenced on the 24th October, 1882. The complaint contained a count in trover, and several counts in case; and the cause was tried on issue joined on the plea of not guilty.
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Appeal from the Circuit Court of Wilcox. Tried before the Hon. John Moore. This action was brought by the appellants, suing as partners, to recover damages for the defendants’ alleged conversion of a mule called Cricket/ and was commenced on the 24th October, 1882. The complaint contained a count in trover, and several counts in case; and the cause was tried on issue joined on the plea of not guilty. The plaintiffs claimed the mule, as the bill of exceptions shows, under three mortgages, as follows: 1st, a mortgage executed to them by W. B. McClendon and W. F. ITopkins, which was dated…
1Opinion of the CourtSomebville, J.
— The several written instruments which were offered in evidence by the plaintiffs, and.excluded by the court, were properly excluded. They were ail attested by subscribing witnesses, one or more of whom should have been produced to provb the execution of the writings to which they had respectively affixed their attesting signatures. This rule is a familiar and fundamental one, and applies in all cases where the instrument necessary to be proved is the foundation of the party’s claim, or he is privy to it, or where it purports to he executed by his adversary; but not wdiere it is merely…
2Cases cited7 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Dryer v. LewisSupreme Court of Alabama · 1877
- Russell v. WalkerSupreme Court of Alabama · 1882
- Patterson v. KickerSupreme Court of Alabama · 1882
- Levystein v. WhitmanSupreme Court of Alabama · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Witherington & Co. v. MasonSupreme Court of Alabama · 1888
- Houston v. StateSupreme Court of Alabama · 1896
- Strickland v. HardieSupreme Court of Alabama · 1886
- Gillespie v. Bartlett & ByersSupreme Court of Alabama · 1924
- Knight v. GardenSupreme Court of Alabama · 1916
7 more not listed; retrieve them via the Exa API.