Legal Opinion

Wood v. McCain

Supreme Court of Alabama

Decided January 15, 1845PublishedCited by 25 opinions

Writ of error to the Circuit Court of Talladega. The defendant in error having recovered a judgment against Wm. A. Revis and Elisha B. Stedman, made the affidavit required by statute, and,caused a garnishment to be issued and served on sundry persons supposed to be debtors of Stedman, among whom were John S. Smith.

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Writ of error to the Circuit Court of Talladega. The defendant in error having recovered a judgment against Wm. A. Revis and Elisha B. Stedman, made the affidavit required by statute, and,caused a garnishment to be issued and served on sundry persons supposed to be debtors of Stedman, among whom were John S. Smith. This garnishee appeared and answered, that he was indebted to Stedman for professional services as a physician, rendered in 1840, to the amount, as he understood, of ninety-six dollars, which was due on the first of January, 1841. Some few days previous to the service of the…

1Opinion of the CourtCollier, C. J.

— The precise language employed in the bill of exceptions, is this: “Stedman visited North Carolina and left Wm. A. Revis his general agent, or agent generally, (said Re vis having no written authority,) to transact his business in this State; that he delivered up his books and accounts for medical services to said agent (including the account against garnishee) for settlement, and that said agency was advertised and generally known in the neighborhood.”

It is supposed by the counsel for the plaintiff in error, that as Revis was the general agent of his principal, it must be presumed he was…

2Cases cited3 opinions

  1. Rossiter v. RossiterNew York Supreme Court · 1832
  2. Wallace v. Branch BankSupreme Court of Alabama · 1840
  3. Blood v. GoodrichNew York Supreme Court · 1834

3Cited by25 opinions

  1. Herbert v. HanrickSupreme Court of Alabama · 1849
  2. Scarborough v. ReynoldsSupreme Court of Alabama · 1847
  3. Taylor v. RobinsonCalifornia Supreme Court · 1859
  4. Long v. KingSupreme Court of Alabama · 1897
  5. Lee's Adm'rs v. FontaineSupreme Court of Alabama · 1846

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