Creagh v. Savage
Supreme Court of Alabama
Error to the Circuit Court of Clarke. Trial of right of property, in which the defendant in error was claimant, and the plaintiffs in error plaintiffs, in an execution against one Robert B. Patterson.
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Error to the Circuit Court of Clarke. Trial of right of property, in which the defendant in error was claimant, and the plaintiffs in error plaintiffs, in an execution against one Robert B. Patterson. Upon the trial it appeared that the claimant, as coroner, and in virtue of executions in his hands, at a sale of Patterson’s property to satisfy such executions, purchased himself the property in dispute, and that the property remained in the possession of Patterson down to the levy of: the plaintiff’s executions.— That Patterson exercised all acts of ownership over it, hired an overseer for the…
1Opinion of the CourtOrmond, J.
The first point made by-the counsel for the plaintiff in error, is not, in our opinion, presented upon the record. It has been repeatedly held, that a party complaining of error in the judgment of the primary Court must present it distinctly upon the record, and that in doubtful cases every reasonable presumption and intendment will be made in favor of the judgment of the Court. This is a salutary and just rule, imposing no hardship whatever on the party supposing himself aggrieved, whilst the contrary doctrine would be productive of great mischiefs and would constantly lead to the reversal…
2Cases cited4 opinions
- Johnson v. JohnsonSupreme Court of Alabama · 1843
- Gallatian v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1826
- Saltmarsh v. BeeneSupreme Court of Alabama · 1837
- Carter v. HarrisCourt of Appeals of Virginia · 1826
3Cited by15 opinions
- Charles v. DuboseSupreme Court of Alabama · 1856
- T. R. Miller Mill Co. v. RallsSupreme Court of Alabama · 1966
- Thompson v. DrakeSupreme Court of Alabama · 1858
- Agee v. WilliamsSupreme Court of Alabama · 1857
- Walker v. BlassingameSupreme Court of Alabama · 1850
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