Hughes v. Harris
Supreme Court of Alabama
This was an action of debt brought by the defendant in error against the plaintiff, in the Circuit Court of Cherokee, on the exemplification of a judgment rendered by the Inferior Court of the county of Richmond, in the State of Georgia. The cause was tried by a jury on the pleas of nul tiel record, payment, &c., and a verdict was found for the plaintiff below.
Read the full summary
This was an action of debt brought by the defendant in error against the plaintiff, in the Circuit Court of Cherokee, on the exemplification of a judgment rendered by the Inferior Court of the county of Richmond, in the State of Georgia. The cause was tried by a jury on the pleas of nul tiel record, payment, &c., and a verdict was found for the plaintiff below. On the trial, a bill of exceptions was sealed by the presiding Judge, from which it appears that the defendant below objected to the admission of the exemplification of the proceedings and judgment of the Inferior Court of Richmond…
1Opinion of the CourtCollier, C. J.
— First: In Crawford vs. the ex’rs. of Simonton, 7 Porter’s rep. 110, it was decided, that wliere a party voluntarily permits an issue on the plea of nul tiel record to be tried by a jury, instead of the Court, he cannot avail himself of the irregularity on error. In the case before us, no objection was made to. the mode of trial, and we must consequently infer, that it was not objected to by the plaintiff in error. The case cited, is then decisive of the first point made.
Second : No objection seems to have been taken to the regularity of the authentication of the proceedings and judgment…
2Cited by3 opinions
- Mills & Co. v. StewartSupreme Court of Alabama · 1847
- Harrison v. MahornerSupreme Court of Alabama · 1848
- Kennedy v. Kennedy's Adm'r.Supreme Court of Alabama · 1845