Bower v. Saltmarsh
Supreme Court of Alabama
ERROR to the Circuit Court of Lowndes. Tried before the Hon. Geo. Goldtkwaite. 1. In cases of application for the satisfaction of judgments, the affidavits of parties are competent evidence, and are sufficient to prove payment, unless the facts are controverted by the oath of the opposite party. — Faulkner & Faulkner v. Chandler, 11 Ala.725. The truth of the affidavits is not controverted by the oath of the opposite party, or by other testimony. 2. Payments made in specific…
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ERROR to the Circuit Court of Lowndes. Tried before the Hon. Geo. Goldtkwaite. 1. In cases of application for the satisfaction of judgments, the affidavits of parties are competent evidence, and are sufficient to prove payment, unless the facts are controverted by the oath of the opposite party. — Faulkner & Faulkner v. Chandler, 11 Ala.725. The truth of the affidavits is not controverted by the oath of the opposite party, or by other testimony. 2. Payments made in specific articles, or merchandise, if accepted as such, are as good as payments in money. In this case we think the proof clear…
1Opinion of the CourtChilton, J.
This was a proceeding by supersedeas to obtain a credit upon an execution for certain sums which, it is alleged, Saltmarsh agreed should be allowed as such. Issue was taken upon the facts set forth in the petition, and by agreement of the counsel, was submitted to the court to be tried as by the jury*
The plaintiffs offered to read the affidavit of Smith and the deposition of Wm. Bower, two of the plaintiffs, and also the deposition of one Haig, the partner of Bower, to prove the credits insisted upon; Haig being- offered to prove an account which he had transferred to Smith, and which…
2Cases cited1 opinion
- Faulkner v. ChandlerSupreme Court of Alabama · 1847
3Cited by3 opinions
- Saltmarsh v. Bower & Co.Supreme Court of Alabama · 1859
- Heath v. GarrettTexas Supreme Court · 1878
- Turbeville v. StateSupreme Court of Alabama · 1867