Hinson v. Wall
Supreme Court of Alabama
ERROR to the Circuit Court of Lowndes. Tried before the Hon. E. Pickens. Wall bi’ougbt debt against Hinson, on tbe record of Anson Circuit Court in tbe State of North Carolina, to wbicb Hin-son pleaded nul tiel record, and other pleas.
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ERROR to the Circuit Court of Lowndes. Tried before the Hon. E. Pickens. Wall bi’ougbt debt against Hinson, on tbe record of Anson Circuit Court in tbe State of North Carolina, to wbicb Hin-son pleaded nul tiel record, and other pleas. On tbe trial in tbe conrt below, tbe plaintiff offered in evidence a record duly certified, in wbicb the judgment entry in tbe Circuit Court of Anson county, in North Carolina, is in these words: “ Tbe following jury was sworn and empannei-led (here follow twelve names,) who find all tbe issues in favor of tbe plaintiff, and assess bis damage to five hundred…
1Opinion of the CourtLigon, J.
The court below erred in allowing the record to go to the jury, as evidence of a judgment for the sum claimed in the declaration, against the objection of the defendant. The plea was mil iiel record, and the paper offered, although regularly certified, contains no judgment against the defendant in the suit in North Carolina. That which purports to be a judgment, is, at most, but a memorandum of the clerk, and not the solemn act of the court, which finally declared and adjudged the rights of the parties in the suit to which it pertains. Tombecbee Bank v. Godbold, 3 Stew. 240.
It is insisted,…
2Cases cited1 opinion
- Tombeckbee Bank v. GodboldSupreme Court of Alabama · 1830
3Cited by8 opinions
- Speed v. CockeSupreme Court of Alabama · 1876
- Bell v. OttsSupreme Court of Alabama · 1893
- Peet & Co. v. HatcherSupreme Court of Alabama · 1895
- Plunkett v. DendySupreme Court of Alabama · 1916
- Gandy v. HaglerSupreme Court of Alabama · 1944
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