McElvain v. Mudd
Supreme Court of Alabama
Appeal from the Circuit Court of Shelby. Tried before Hon. John Henderson. This case was submitted on written agreements of the parties, at the June term, 1869, and has been held under advisement until the present term. The suit originated and was commenced in the circuit court of Jefferson county.
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Appeal from the Circuit Court of Shelby. Tried before Hon. John Henderson. This case was submitted on written agreements of the parties, at the June term, 1869, and has been held under advisement until the present term. The suit originated and was commenced in the circuit court of Jefferson county. The appellee was the plaintiff in that court, and being ■the presiding judge of said court, was not competent to try the case, and the appellants not being willing that the case should be tried by an attorney of the court, under section seven hundred and fifty-eight of the Eevised Code, and both…
1Opinion of the CourtPeck, C. J.
(After stating the facts as above.) — 1. There was no error in permitting the note to be read in evidence to the jury, although it was not stamped at the time it was executed. The internal revenue laws were not in operation in this State at that time, nor had the government of the United States, then, made any provision for their enforcement here, by establishing a collection *51district, and by the appointment of internal revenue officers for that purpose. If appointed, they were not here, and could not be here, for the reason that this State was then in the military possession of the rebel…
2Cases cited5 opinions
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- Green v. BiddleSupreme Court of the United States · 1823
- Prigg v. PennsylvaniaSupreme Court of the United States · 1842
- Stuart v. LairdSupreme Court of the United States · 1803
3Cited by10 opinions
- Clark v. KnoxSupreme Court of Alabama · 1881
- Cannon v. StateCourt of Criminal Appeals of Alabama · 1982
- Lavey v. DoigSupreme Court of Florida · 1889
- Berry v. Nall & DuxberrySupreme Court of Alabama · 1875
- Erwin v. NolanSupreme Court of Missouri · 1920
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