Legal Opinion

Taylor v. Heitz

Supreme Court of Missouri

Decided October 15, 1885PublishedCited by 9 opinions

' Appeal from Marion Circuit Court. — Hon. Theodore. Brace, . Judge. ■ (1) The purported transcript of judgment of the circuit court of Adams county, Illinois, was' not admissible in evidence. It is nowhere certified that Adams county is in the sixth judicial district, of which John H. Williams is judge. If the county of Adams is in the ■sixth judicial circuit of the state of Illinois that fact •could have been proved and made to appear from the rer •cord in this case.

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' Appeal from Marion Circuit Court. — Hon. Theodore. Brace, . Judge. ■ (1) The purported transcript of judgment of the circuit court of Adams county, Illinois, was' not admissible in evidence. It is nowhere certified that Adams county is in the sixth judicial district, of which John H. Williams is judge. If the county of Adams is in the ■sixth judicial circuit of the state of Illinois that fact •could have been proved and made to appear from the rer •cord in this case. As the record is silent on that subject it should not have been introduced in evidence. (2) The general doctrine is, that…

1Opinion of the CourtRat, J.

This was a suit begun by attachment in the Marion circuit court, November 22, 1881, on the ground of non-residence. There was no issue on the affidavit in attachment. The object of the suit was to re*662cover of the defendant, Heitz, the sum of eight hundred dollars, alleged to have been due the estate of the-deceased, Thomas Redmond, by reason of a breach of á covenant against incumbrances, in the sale of land by Heitz to the deceased, Thomas Redmond. It appears that on the fourth of March, 1876, the defendant, Heitz, sold to Redmond, who was a resident of the city of Quincy, in the state of…

2Cited by9 opinions

  1. Wheeler Savings Bank v. TraceySupreme Court of Missouri · 1897
  2. Hunter v. Delta Realty Co.Supreme Court of Missouri · 1943
  3. Bircher v. BoemlerSupreme Court of Missouri · 1907
  4. Bailey v. MartinIndiana Supreme Court · 1889
  5. See v. SeeSupreme Court of Missouri · 1922

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