Johnson v. Powell
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. E. W. Pettus. This action was brought by tbe appellant, ’William W. Johnson, who was a constable, to recover of the defendant the difference between the price bid by Mm for ahorse at execution sale, and the price brought at a re-sale on his account. The horse was levied on and sold, as the property of one Jackson Hopkins, under two executions from justices’ courts, in favor of David Blakey and J. & W. Clark.
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Appeal from the Circuit Court of Barbour. Tried before the Hon. E. W. Pettus. This action was brought by tbe appellant, ’William W. Johnson, who was a constable, to recover of the defendant the difference between the price bid by Mm for ahorse at execution sale, and the price brought at a re-sale on his account. The horse was levied on and sold, as the property of one Jackson Hopkins, under two executions from justices’ courts, in favor of David Blakey and J. & W. Clark. To show the loss of these executions, in order that he might introduce secondary evidence of their contents, the plaintiff…
1Opinion of the CourtStone, J.
The justice of the peace, who was the legal custodian, proved that the executions were not in his possession, but that they were given in evidence on the trial of Hopkins v. Johnson, at a former term of the Barbour circuit- court. Witness had not since seen the executions. These papers having gone before the jury, it was the duty of that body to return them, with their verdict, to the clerk of the court; and it was the duty of the last named officer to keep them, until called for by some person having the right to their custody. In the absence of any circumstances of unfairness, and in the…
2Cases cited1 opinion
- Palmer v. BiceSupreme Court of Alabama · 1856
3Cited by3 opinions
- Preslar v. StallworthSupreme Court of Alabama · 1861
- Thomas v. StateAlabama Court of Appeals · 1953
- Feagin v. PearsonSupreme Court of Alabama · 1868