Blackman v. Dowling
Supreme Court of Alabama
Appeal from Circuit Court of Dale. Tried before Hon. H. D. Clayton. The appellant, Blackman, brought suit against the appellee, Dowling, to recover the amount of a promissory note which Dowling had made to Blackman, which recited that it was given for Blackman’s “ part of the mail contract on route 6789 in Alabama,” and that certain deductions were to be made in event the pay was decreased or the route abolished.
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Appeal from Circuit Court of Dale. Tried before Hon. H. D. Clayton. The appellant, Blackman, brought suit against the appellee, Dowling, to recover the amount of a promissory note which Dowling had made to Blackman, which recited that it was given for Blackman’s “ part of the mail contract on route 6789 in Alabama,” and that certain deductions were to be made in event the pay was decreased or the route abolished. The case was tried on plea of set-off, failure of consideration, &c., and resulted in a verdict for the defendant. Dowling, to show that reductions had been made to such an extent as…
1Opinion of the CourtBrickell, C. J.
The statute (R. C. § 2694) is cumulative, authorizing the admission iu evidence of public documents on the certificate of the head of a bureau or department of the general government. It does not exclude examined copies, verified by the evidence of a competent witness, admissible under the rules of common law. — 1 Green. § 91. There was no error in overruling the objections taken to the evidence of the witness Martin.
But in allowing parol evidence of the garnishment against the appellee, as the debtor of appellant, and the judgment before the justice of the peace, the circuit court erred. The…
2Cases cited3 opinions
- Jones v. DavisSupreme Court of Alabama · 1841
- Ware v. RobersonSupreme Court of Alabama · 1850
- Kennedy v. DearSupreme Court of Alabama · 1837
3Cited by3 opinions
- Lunsford v. DietrichSupreme Court of Alabama · 1888
- State v. NippertSupreme Court of Kansas · 1906
- Whitaker v. KennamerSupreme Court of Alabama · 1934