Ware v. Roberson
Supreme Court of Alabama
Error to the Circuit Court of Talladega, Tried before the Hon. John J. Woodward. 1. The contents of papers or proceedings had before a justice of the peace and reduced to writing, and of notes, cannot be proved by parol evidence, without first showing the loss or destruction of the higher evidence. — Bullock v. Ogbourne, 13 Ala. 346; Smith v. Armistead, 7 ib. 698. 2. The admission by the party of the contents of such papers and proceedings, does not dispense with the…
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Error to the Circuit Court of Talladega, Tried before the Hon. John J. Woodward. 1. The contents of papers or proceedings had before a justice of the peace and reduced to writing, and of notes, cannot be proved by parol evidence, without first showing the loss or destruction of the higher evidence. — Bullock v. Ogbourne, 13 Ala. 346; Smith v. Armistead, 7 ib. 698. 2. The admission by the party of the contents of such papers and proceedings, does not dispense with the necessity of producing the higher evidence. — Morgan v. Patrick,.7 Ala. 185; Smith v. Armistead, 7 ib. 69S. 3. There was no…
1Opinion of the CourtChilton, J.
Roberson, the, defendant in error, having o.btained a judgment against Ware, before a justice of the peace of, Talladega county, for $29 T°7\, the, latter.su,ed out a wrft of certiorari and removed the proceedings.Juto the Circuit Court-, of that county. It was agreed that the case should be tried in the Circuit Court, as upon proper issues in an action of assumpsit.
The witnesses on the part of Roberson proved that they heard the defendant. Ware, say, in 1848, that he had traded to , Roberson a note for $20 on Polly Harcrow, in 1843; that, he, had not warranted the solvency of the note, bat…
2Cases cited1 opinion
- Morgan v. PatrickSupreme Court of Alabama · 1844
3Cited by8 opinions
- Hemingway v. GarthSupreme Court of Alabama · 1874
- Byars v. JamesSupreme Court of Alabama · 1922
- Fralick v. PresleySupreme Court of Alabama · 1856
- Moody v. McCownSupreme Court of Alabama · 1865
- Bellamy v. HawKinsSupreme Court of Florida · 1880
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