Watson v. Simmons
Supreme Court of Alabama
Appeal from the City Court of Decatur. Tried before the Hon. War. H. Simpson. This was a petition by G. B. Simmons and others for the supersedeas of a summary execution, which had been issued against them on a forfeited forthcoming bond. An execution against said Simmons had been levied on three horses, and he thereupon executed the forthcoming bond, with the other petitioners as his sureties.
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Appeal from the City Court of Decatur. Tried before the Hon. War. H. Simpson. This was a petition by G. B. Simmons and others for the supersedeas of a summary execution, which had been issued against them on a forfeited forthcoming bond. An execution against said Simmons had been levied on three horses, and he thereupon executed the forthcoming bond, with the other petitioners as his sureties. The petition alleged that, on the day appointed for the sale of the horses, but before the hour at which the sale was to take place, the horses were taken from his possession by a deputy of the sheriff,…
1Opinion of the CourtStone, C. J.
It is objected before us, that the petitioners did not, in the court below, introduce the best, or primary evidence of the proceedings in detinue, under which the horses levied on were placed beyond their control, or power to deliver in discharge of the forthcoming bond they had executed. If this objection had been raised in the court below, it.would doubtless have been sustained. Secondary evidence, if objected to, can not be received, unless the failure to produce primary is sufficiently accounted for. But parties may try their cases on secondary, or illegal evidence, if they choose to do…
2Cases cited7 opinions
- Dunlap v. ClementsSupreme Court of Alabama · 1851
- Perry County v. Selma, Marion & Memphis RailroadSupreme Court of Alabama · 1880
- Rice & Wilson v. TobiasSupreme Court of Alabama · 1889
- Abrams v. JohnsonSupreme Court of Alabama · 1880
- Cole v. ConollySupreme Court of Alabama · 1849
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Fleming v. MooreSupreme Court of Alabama · 1925
- Moore Bros. v. CowanSupreme Court of Alabama · 1911
- Higdon v. KennemerSupreme Court of Alabama · 1895
- Atlantic Coast Line R. Co. v. KellyAlabama Court of Appeals · 1918
- Moody v. United States Fidelity & Guaranty Co.Supreme Court of Alabama · 1931
1 more not listed; retrieve them via the Exa API.