Harrell v. Whitman
Supreme Court of Alabama
ERROR to tbe Circuit Court of Lowndes. Tried before tbe Hon. Robert Dougberty. Whitman sued out a writ of attachment against one Powers, and summoned Harrell as bis debtor. Harrell appeared, and answered, denying any indebtedness; the plaintiff contested the truth of the answer, and an issue was made up under the statute.
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ERROR to tbe Circuit Court of Lowndes. Tried before tbe Hon. Robert Dougberty. Whitman sued out a writ of attachment against one Powers, and summoned Harrell as bis debtor. Harrell appeared, and answered, denying any indebtedness; the plaintiff contested the truth of the answer, and an issue was made up under the statute. On the trial of this issue, as appears from the bill of exceptions, the plaintiff offered in evidence a transcript of a judgment recovered by Powers against Harrell, in a suit which had been commenced after the service of the garnishment, stating at the same time, that he…
1Opinion of the CourtLigon, J.
Although it is well settled, that the record of a recovery in another suit, is admissible evidence only as between parties and privies to such suit, yet this rule has its qualifications. As between strangers, it is admissible to prove the judgment contained in it; and it may be admitted, when used by way of inducement, or to establish a collateral fact, though the parties are not the same. 1 Greenleaf Ev. 564; 3 Stew. 247; 7 Por. 466. For both the purposes above mentioned, the record of the judgment and proceedings in the case of Powers v. Harrell, was offered by the defendant in error in the…
2Cases cited1 opinion
- Brahan & Atwood v. RaglandSupreme Court of Alabama · 1830
3Cited by4 opinions
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Preslar v. StallworthSupreme Court of Alabama · 1861
- McGill v. MonetteSupreme Court of Alabama · 1860
- Ross v. PittsSupreme Court of Alabama · 1865