Hill v. Norris
Supreme Court of Alabama
This was a proceeding by scire facias in the Circuit Court of Bibb, to revive a judgment which the defendant in error recovered against the plaintiff at the fall term of that Court, holden in 1832. The judgment was by confession, and contained a stipulation as follows: “ The plaintiff doth agree that no execution shall issue on this judgment, until he shall file in the clerk’s office a release signed by James Taylor, of all damages, by reason of his having accepted the bill…
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This was a proceeding by scire facias in the Circuit Court of Bibb, to revive a judgment which the defendant in error recovered against the plaintiff at the fall term of that Court, holden in 1832. The judgment was by confession, and contained a stipulation as follows: “ The plaintiff doth agree that no execution shall issue on this judgment, until he shall file in the clerk’s office a release signed by James Taylor, of all damages, by reason of his having accepted the bill of exchange which is the foundation of this suit.” The scire facias recites, that the defendant in error did, on the…
1Opinion of the CourtCollier, C. J.
— There can be no question, but it was competent for the Clerk of the Circuit Court to determine in the first instance upon the genuineness of the release, and if satisfied that it was mady by Taylor, issue an execution. But the certificate of a notary, or other public officer, would not be indispensable to enlighten his understanding — he might, had he thought proper, have acted upon his own knowledge of Tay*642lor’s hand-writing, without proof; or he might have received as sufficient, the representation of the plaintiff below, or other third person,as to the genuine ness .of the paper. The…
2Cited by4 opinions
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