Draughan v. Tombeckbee Bank
Supreme Court of Alabama
The President, Directors & Co. of the Tombeckbee Bank, gave notice to J. H. Draughan, that a motion would be made against him, at the fall term, 1837, of the Washington Circuit Court, on'a note made by him and others, for$625,Hated in 1820, and payable to them, ninety days after date: and filed a regular declaration.
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The President, Directors & Co. of the Tombeckbee Bank, gave notice to J. H. Draughan, that a motion would be made against him, at the fall term, 1837, of the Washington Circuit Court, on'a note made by him and others, for$625,Hated in 1820, and payable to them, ninety days after date: and filed a regular declaration. The defendant pleaded, 1st, the general issue. 2nd, non-assump-sit within six years. 3d, that the cause of action did not accrue within six years, and 4th, payment. To the second and third pleas, the plaintiffs replied: “that at the April term, 1821, of Washington Circuit Court,…
1Opinion of the Court
By JUDGE COLLIER.
To sustain the replication, the record of the Circuit Court, and a certificate of the reversal, from the clerk of this, to the clerk of the Circuit Court,in usual form, was the only proof offered; upon the sufficiency of which the opinion of the Courtis asked.
T¡le only proof of a record is the production of the original, ora copy; no evidence of an inferior grade, when these are in existence, will be received.a
The rejoinder put in issue, not only the existence of a judgment in the Circuit Court, but its reversal here. The first fact was made manifest by the production of the…
2Cited by4 opinions
- Dothard v. SheidSupreme Court of Alabama · 1881
- Fidelity & Deposit Co. v. TorianSupreme Court of Alabama · 1930
- Locke v. WinstonSupreme Court of Alabama · 1846
- McCollum v. HubbertSupreme Court of Alabama · 1848