Branch Bank at Mobile v. Coleman
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. The plaintiff in error obtained a judgment against the defendant iu the County Court of Mobile, in February, 1840, for $1648 48. This judgment Avas founded on a note made by one Livingston, and endorsed by defendant and Gayle & Bower.
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Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. The plaintiff in error obtained a judgment against the defendant iu the County Court of Mobile, in February, 1840, for $1648 48. This judgment Avas founded on a note made by one Livingston, and endorsed by defendant and Gayle & Bower. An execution, which appears to be a pluries fi.fa., issued on said judgment on the 14th February, 1846, and was levied by the sheriff of Dallas county on certain lands as the property of the defendant. After the levy, the defendant filed his petition for superse-deas, setting forth that he…
1Opinion of the CourtLigon, J.
1. The first assignment of error cannot be sustained, as the record and proceedings in the case show, throughout, that the Branch Bank at Mobile was a party to the proceedings in the court below, and to presume that it had no notice of them, would be to presume against the record, which cannot be allowed; and its assignee of the judgment had the right to use its name in litigating the matter set forth in the petition for supersedeas. Edwards v. Lewis, 16 Ala. Rep. 813.
2. When an issue is formed on facts in the Circuit Court, a jury may be empannelled to try it, and, indeed, such method of…
2Cases cited3 opinions
- Dunlap v. ClementsSupreme Court of Alabama · 1851
- Lockhart v. McElroySupreme Court of Alabama · 1843
- Edwards v. LewisSupreme Court of Alabama · 1849
3Cited by16 opinions
- Ex Parte BrickellSupreme Court of Alabama · 1920
- Henderson v. Planters & M. BankSupreme Court of Alabama · 1912
- Saltmarsh v. Bower & Co.Supreme Court of Alabama · 1859
- Thompson v. LassiterSupreme Court of Alabama · 1888
- Fleming v. MooreSupreme Court of Alabama · 1925
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