Griffin v. Bland
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. John Mooke, W. H. Griffin, as administrator of the estate of John P. Boyd, deceased, brought this action against Eliza Bland, on an account for storage of cotton.
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Appeal from the Circuit Court of Dallas. Tried before the Hon. John Mooke, W. H. Griffin, as administrator of the estate of John P. Boyd, deceased, brought this action against Eliza Bland, on an account for storage of cotton. The evidence is set out as follows, in the bill of exceptions: “ The plaintiff proved that John P. Boyd was the owner of a warehouse at White’s Bluff, on the Alabama river, and died in possion of the same, in 1859. During 1860 and 1861, said warehouse was in the possession of one Welch, under a lease from the widow. Plaintiff was appointed and qualified administrator on…
1Opinion of the CourtPeters, J.
In the former decisions of this court, the most positive certainty of expression has been required that the bill of exceptions contained all the evidence offered on the trial in the court below, before a case would be reversed, because the charge of the court was not sustained by the proofs. It is the duty of this court, in civil suits, to make every presumption in favor of the correctness of the proceedings in the court below.—Fleming v. Ursery, 30 Ala. 282; Wilson’s Heirs v. Wilson’s Adm’r, 18 Ala. 176; 30 Ala. 242. Error must be positively shown.—2 Stew. 29; 31 Ala. 101. The record sent…
2Cases cited12 opinions
- Henderson v. SimmonsSupreme Court of Alabama · 1858
- Willis' Adm'r v. Heirs of WillisSupreme Court of Alabama · 1846
- Doe ex dem. School Commissioners v. GodwinSupreme Court of Alabama · 1857
- Leavens v. ButlerSupreme Court of Alabama · 1839
- Long v. McDougald's Adm'rSupreme Court of Alabama · 1853
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Pearce v. PearceSupreme Court of Alabama · 1917
- Covington County v. KinneySupreme Court of Alabama · 1871
- Cates v. CatesSupreme Court of Alabama · 1958
- Edwards v. StateSupreme Court of Alabama · 1873
- Sonneborn v. BernsteinSupreme Court of Alabama · 1873
5 more not listed; retrieve them via the Exa API.