Buffington v. Cook
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. MoKcnstry. This action was brought by Major Cook, against Thomas M. Buffington, to recover a portion of the money paid by the plaintiff on a joint execution against himself and the defendant, in favor of one E. P. Chappell; and was commenced, by original attachment, on the 3d April, 1857. The cause of action in the case of Chappell v. Cooh & Buf-fington was the defendants’ breach of a contract, by which they…
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Appeal from the City Court of Mobile. Tried before the Hon. Alex. MoKcnstry. This action was brought by Major Cook, against Thomas M. Buffington, to recover a portion of the money paid by the plaintiff on a joint execution against himself and the defendant, in favor of one E. P. Chappell; and was commenced, by original attachment, on the 3d April, 1857. The cause of action in the case of Chappell v. Cooh & Buf-fington was the defendants’ breach of a contract, by which they sold to said Chappell an interest of three-sixteenths in a steamboat called the Olara, and a similar interest in another…
1Opinion of the CourtStone, J.
[1.] Tbe record informs us that tbe deposition of tbe witness Graham was not used in evidence on tbe trial. Tbis being tbe case, it is clear tbe court committed no error, available to appellant, in refusing to suppress it.
[2.] It does not appear tbat any final record bad been made in tbe case of Chappel v. Cook & Buffington. There was no error in receiving in evidence wbat was proved to be tbe original papers in tbat cause. — Sbep. Dig. 669, § 90.
[3.] A motion was made to exclude from tbe jury tbe endorsements on tbe execution. Tbe motion was to exclude tbe whole. A part of tbe endorsement…
2Cited by6 opinions
- McInerney v. United StatesCourt of Appeals for the First Circuit · 1906
- Carter v. OdomSupreme Court of Alabama · 1898
- Board of Education v. KeenanCalifornia Supreme Court · 1880
- Watts v. CleggSupreme Court of Alabama · 1872
- Wharton v. ThomasonSupreme Court of Alabama · 1884
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