White v. Tolliver
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Shaepe. This action was on the common counts, brought by the appellee, Sol Tolliver, against the appellant, H. K. White, to recover $250, with interest from March 1, 1892. Besides the general issue, the defendant filed a plea of payment, and a plea of set off, averring in the latter that the . plaintiff was indebted to him in the amount claimed, by an agreement made between plaintiff and defendant in…
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Shaepe. This action was on the common counts, brought by the appellee, Sol Tolliver, against the appellant, H. K. White, to recover $250, with interest from March 1, 1892. Besides the general issue, the defendant filed a plea of payment, and a plea of set off, averring in the latter that the . plaintiff was indebted to him in the amount claimed, by an agreement made between plaintiff and defendant in .January, 1891, whereby the defendant was employed to represent plaintiff as attorney in a certain case pending in the city…
1Opinion of the CourtMcCLELLAN, J.
There was no satisfactory proof that the letter offered in evidence by the defendant, and purporting to bear the signature of T. M. Arrington,' was signed by said Arrington. The only witness examined with reference to the matter, testified that “he had never seen Judge Arrington write his. name, and did not know that’he was acquainted with his handwriting, but. that the signature to the letter and the handwriting in the body of it, was . like other'writing he had seen, purporting to be the signature of Judge Arrington.” This was insufficient as preliminary proof 'of handwriting.— 1 Greenl.…
2Cases cited1 opinion
- Toliver v. StateSupreme Court of Alabama · 1891
3Cited by12 opinions
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