White v. Rankin & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Colbert. Tried before the Hon. Henry C. Speake. This was a statutory trial of the right of property in and to ten shares of stock in the Sheffield & Tuscumbia Street Bail-way Company, between Bankin & Co., plaintiffs in execution against J. O. Boyleston, and Walter S. White as claimant. The transcript has not come to the hands of the reporter. The opinion states the material facts.
1Opinion of the CourtClopton, J.
The court committed no error in refusing to receive oral evidence that McNab, who signed the execution, was not the clerk of the Circuit Court of Barbour county at the time it purports to have been issued. The clerk being a commissioned officer, the court was authorized and bound to take judicial knowledge that he was clerk, and also of his term of office, when it commenced, and when it expired.—Cary v. State, 76 Ala. 78; Bishop v. State, 30 Ala. 34. If the cognizance extends beyond actual knowledge, the judge may resort to any authoritative sources of information, and inform himself of the…
2Cases cited5 opinions
- Cary v. StateSupreme Court of Alabama · 1884
- Bishop v. StateSupreme Court of Alabama · 1857
- Berney National Bank v. Pinckard, DeBardelaben & Co.Supreme Court of Alabama · 1888
- Fisher, Parker & Co. v. JonesSupreme Court of Alabama · 1886
- Jones & Dunn v. LathamSupreme Court of Alabama · 1881
3Cited by9 opinions
- Casey v. BryceSupreme Court of Alabama · 1911
- Davis v. TeagueSupreme Court of Alabama · 1929
- Matter of SandeferUnited States Bankruptcy Court, N.D. Alabama · 1985
- Russell v. Huntsville Railway, Light & Power Co.Supreme Court of Alabama · 1902
- State v. HarterSupreme Court of Iowa · 1906
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