King v. Martin
Supreme Court of Alabama
Action for Money had and Deceived. Appeal from Mobile Circuit Court. Tried before Hon. H. T. Toulmin. John Martin, a citizen of Louisiana, and domiciled there, died on July 21, 1875, at Bladen Springs, Alabama. He left no children, and his next of kin were bis sisters, viz ; Mrs. M. A. King, the appellant, and Mrs. Robinson, who resided in Ohio, and- his neices, Almira' and Josephine Martin, and a brother, who reside in Mobile, Alabama.
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Action for Money had and Deceived. Appeal from Mobile Circuit Court. Tried before Hon. H. T. Toulmin. John Martin, a citizen of Louisiana, and domiciled there, died on July 21, 1875, at Bladen Springs, Alabama. He left no children, and his next of kin were bis sisters, viz ; Mrs. M. A. King, the appellant, and Mrs. Robinson, who resided in Ohio, and- his neices, Almira' and Josephine Martin, and a brother, who reside in Mobile, Alabama. The property of the deceased, which consisted altogether of “movables,” was-located and collected together in New Orleans. Before bis death, he undertook to…
1Opinion of the CourtSomerville, J.
— A record is proved by its own mere production and inspection, without more, whether of the original or of a copy. — 1 Greenl. Ev. § 501. And while parol evidence is not admissible to correct, amend or explain any clerical error which may have crept into judicial proceedings, as evidenced by an exemplified or authenticated transcript, if an inspection of the entire record clearly discloses the nature and extent of such error, the record may be said to correct itself, and the court will feel authorized to so construe it. The record of the proceedings of the District Court for the Parish of…
2Cases cited2 opinions
- Smyth v. TankersleySupreme Court of Alabama · 1852
- Perminter v. KellySupreme Court of Alabama · 1851
3Cited by12 opinions
- Christie v. DurdenSupreme Court of Alabama · 1921
- Pearce v. ClementsSupreme Court of Alabama · 1882
- Timmons v. StateCourt of Criminal Appeals of Alabama · 1986
- Beal v. StateSupreme Court of Alabama · 1902
- Wortham v. GurleySupreme Court of Alabama · 1883
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