Blann v. Chambliss
Supreme Court of Alabama
Error to Autauga Circuit court. Assuumpsit, tried before Harris, J, The plaintiff, Blann, declared in the common counts in assumpsit, against the defendant, Chambliss, and to make out a prima fade case of money paid on his account, offered in evidence the exemplification of a judgment obtained by one Hasket, against him, the said Blann.
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Error to Autauga Circuit court. Assuumpsit, tried before Harris, J, The plaintiff, Blann, declared in the common counts in assumpsit, against the defendant, Chambliss, and to make out a prima fade case of money paid on his account, offered in evidence the exemplification of a judgment obtained by one Hasket, against him, the said Blann. The declaration, which is shewn in this exemplification, recites, that Chambliss, on the twentyminth August, eighteen hundred and thirty-three, made his promissory note, payable to the said Blann, or bearer, for two hundred dollars, which note Blann endorsed…
1Opinion of the Court
GOLDTHWAITE, J. — The
exemplification was evidence of nothing but the facts, that a suit was commenced by Haskit against Blann, and that it was determined in the manner shown by it. All records, to this extent, are evidence, but no record can be evidence of the facts recited, except between the immediate parties to it, or privies in fact or law — (1 Starkie, 191, and cases there cited.) Chambliss was neither a party or a privy to the suit described in the exemplification offered in evidence, but if he was a privy in law, he is also shown to have been the successful litigant in the suit…
2Cited by1 opinion
- Wilson v. CampbellSupreme Court of Alabama · 1858