Legal Opinion

Clements v. Pearce

Supreme Court of Alabama

Decided December 15, 1879PublishedCited by 21 opinions

Appeal from tbe Circuit Court of Clay. Tried before tbe Hon. John Henderson. This action was brought by Daniel C. Pearce, against Benjamin A. Clements, to recover a certain tract of land, with damages for its detention. The record does not show when the action was commenced.

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Appeal from tbe Circuit Court of Clay. Tried before tbe Hon. John Henderson. This action was brought by Daniel C. Pearce, against Benjamin A. Clements, to recover a certain tract of land, with damages for its detention. The record does not show when the action was commenced. An amended complaint was filed on the 2d March, 1876, in which the lands sued for were thus described: “The east half of section twenty-nine (29); the east half of the north-west quarter, and the west half of the south-west quarter, and the north-east quarter of the south-west quarter of said section (29); also, the east…

1Opinion of the CourtBrickell, C. J.

The objections made to the introduction of the transcript of the record of the judgment and proceedings thereon, from the Circuit Court of Talladega county, were properly overruled. It was certified by the clerk,' in his official capacity, to be a full, true, and complete transcript of the record, the minute-entries, the eosecution docket, and the entries thereon, together ibith all the papers of file, pertaining to the particular Cause. Time and place are constituents of the jurisdiction of courts. Fhe Circuit Court of Talladega, or of any other county, can not be held at any other place…

2Cases cited8 opinions

  1. Pollard v. MaddoxSupreme Court of Alabama · 1856
  2. McIver Lessee v. Walker and AnotherSupreme Court of the United States · 1815
  3. Doe ex dem. Saltonstall v. RileySupreme Court of Alabama · 1856
  4. Doe ex dem. Cook v. WebbSupreme Court of Alabama · 1851
  5. Doe ex dem. Davis v. McKinneySupreme Court of Alabama · 1843

3 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Baucum v. GeorgeSupreme Court of Alabama · 1880
  2. Crocker v. LeeSupreme Court of Alabama · 1954
  3. Driggers v. CassadySupreme Court of Alabama · 1882
  4. Guilmartin v. WoodSupreme Court of Alabama · 1884
  5. Payne v. CrawfordSupreme Court of Alabama · 1893

16 more not listed; retrieve them via the Exa API.

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