O'Connell v. Walker
Supreme Court of Alabama
Error from Mobile Circuit Court? — Before the Hon. Sion ■ L. Perry. , This was an action to recover of O’ Donnell the amount erf a promissory note, indorsed by him to Walker. On the trial in the court below, the plaintiff read in evidence the protest of Thomas Mather, a notary public, stating that notice had been left at the counting house of William R. Hallett, the agent of O’Connell.
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Error from Mobile Circuit Court? — Before the Hon. Sion ■ L. Perry. , This was an action to recover of O’ Donnell the amount erf a promissory note, indorsed by him to Walker. On the trial in the court below, the plaintiff read in evidence the protest of Thomas Mather, a notary public, stating that notice had been left at the counting house of William R. Hallett, the agent of O’Connell. The defendant’s, counsel moved the court to charge the jury, that the protest was no evidence of agency; which charge being refused, the same was assigned to this court as error. — Cited Aihiris Big. 327.
1Opinion of the Court
By Mr. Chief Justice Lipscomb ;
On the trial of this cause, in the court below, the plaintiff produced and read in evidence the protest of Thomas Mather, a notary public, a copy of which is in the following words, viz;
*264“UNITED STATES OF AMERICA:
“ The State of Alabama, > . ' C (ss") City and County of Mobile, i
“ Be it known, that I, Thomas Mather, notary public, dwelling in the aforesaid city of Mobile, duly commissioned and sworn, on the eighteenth day of August, in the year of our Lord one thousand eight hundred and thirty, at the request of the President and Company of the Bank of the United…
2Cited by1 opinion
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