Gunn v. Howell
Supreme Court of Alabama
Appeal from the Circuit Court of Chambers. Tried before the Hon. S. D. Hale. This action was brought by Larkin B>. Gunu, against Isaac Howell, to recover the proceeds of .certain promissory notes, amounting to about $2,500, which the plaintiff had placed in the defendant’s hands for collection ; and was commenced on the 3d March, 1848. The declaration contained the common money counts, and a special count on the contract.
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Appeal from the Circuit Court of Chambers. Tried before the Hon. S. D. Hale. This action was brought by Larkin B>. Gunu, against Isaac Howell, to recover the proceeds of .certain promissory notes, amounting to about $2,500, which the plaintiff had placed in the defendant’s hands for collection ; and was commenced on the 3d March, 1848. The declaration contained the common money counts, and a special count on the contract. The defendant pleaded, “ in short by consent,” 1st, the general issue; 2d, payment; 3d, set-off; 4th, former adjudication; 5th, the statute of limitations ; and, 6th, a…
1Opinion of the Court
A. J. WALKER, O. J.
The objection to the entire record given in evidence, upon the ground that the certificate was defective, was not well taken. The certificate contains all that was necessary to legally attest both the record of the original suit against Jones and Gunn, and of the proceeding by garnishment against Howell, as the debtor of the defendants in the former suit. .There are, therefore, really two certificates, each attesting a different record, and a common signature and seal applicable alike to both. We know of no reason why such an attestation should be deemed fatally defective.…
2Cases cited15 opinions
- Gunn v. HowellSupreme Court of Alabama · 1855
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