Davis v. Branch Bank of Mobile
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Judgment by motion of the defendant in error., against the plaintiffs in .error. The parties -appeared, ¡and a judgment was rendered on the verdict of a jury, after which the judgment entry .recites, “it is further .ordered by the .court, that 'the notice, together -wit-h-the certificate-.of the commissioners. of the said branch bank, be filed as part of the record in this' case.”
Read the full summary
Error to the Circuit Court of Mobile. Judgment by motion of the defendant in error., against the plaintiffs in .error. The parties -appeared, ¡and a judgment was rendered on the verdict of a jury, after which the judgment entry .recites, “it is further .ordered by the .court, that 'the notice, together -wit-h-the certificate-.of the commissioners. of the said branch bank, be filed as part of the record in this' case.” A bill of exceptions taken by the defendants, recites, that the plaintiff produced a certificate, executed by Henry B. Holcombe, as attorney of the bank commissioners, together…
1Opinion of the CourtOrmond, J.
The case of The State Bank v. Colgin, at the last term, is decisive as to the sufficiency of the certificate of the bank commissioners, and of the power of attorney from them to him, to act.
It does appear from the record, that the certificate of Mr. Holcombe, as the agent of the commissioners, that the note was the property of the bank, was produced to the court, which is sufficient to give the court jurisdiction, within the authority of Smith v. The Branch Bank at Mobile, 5 Ala. 26.
The act of 1841 (Clay’s Dig. 112, § 47) provides, that “ all the notes, bills, bonds, or other evidences of…
2Cases cited2 opinions
- Smith v. Branch Bank at MobileSupreme Court of Alabama · 1843
- Crawford v. Branch Bank at MobileSupreme Court of Alabama · 1845
3Cited by4 opinions
- Smith v. BellSupreme Court of Oklahoma · 1914
- Burdine v. Grand Lodge of AlabamaSupreme Court of Alabama · 1861
- Charles v. ThornburghSupreme Court of Oklahoma · 1914
- Jones v. United StatesUnited States Court of Claims · 1915