McDowell v. Mitcham
Supreme Court of Alabama
Appeal from tbe -Circuit Court of Coffee. The record does not show the name of the presiding judge. The transcript in 'this case contains only ‘the papers returned to the circuit court by the justice of the peace, before whom the proceedings originated, and the judgment of the circuit court.
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Appeal from tbe -Circuit Court of Coffee. The record does not show the name of the presiding judge. The transcript in 'this case contains only ‘the papers returned to the circuit court by the justice of the peace, before whom the proceedings originated, and the judgment of the circuit court. The justice’s return shows, that, on the 17th January, 1857, he rendered two judgments against John Bledsoe — one in favor of Joshua Mitcham, and the other in favor of Joseph Mitcham ; that executions were issued on both of these judgments, and were levied on a horse, as the property of said John Bledsoe;…
1Opinion of the CourtStone, J.
Two. principles,-,we- think,, are-• decisive of *419¿bis case. The final judgment states the case as “ Joshua Mitcham and Joseph Mitcham vs. John Bledsoe, and James T. Bledsoe, claimant.” The recital is, “ Came the parties, by their attorneys; arid issue being joined, came thereupon a jury,” &c. The verdict was in favor of plaintiffs in execution, assessing the value of the property levied on. The judgment-entry then proceeds'to recite; “that Joshua Mitcham and Joseph Mitcham recovered, before Washington Taylor, a justice of the peace in and for, said county, on the 17th day of'February, 1857-, a…
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- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
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- Byrd v. McDanielSupreme Court of Alabama · 1855
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3Cited by2 opinions
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