Joseph v. Cawthorn
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. IT. D. Clayton. This action was brought by M. Joseph, against T. P. Caw-thorn, and was commenced by original attachment, which purported to be issued by Henry Bradley, clerk of said Circuit Court, on the 24th October, 1882, and to be founded on an affidavit made before him by the plaintiff’s agent.
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Appeal from the Circuit Court of Barbour. Tried before the Hon. IT. D. Clayton. This action was brought by M. Joseph, against T. P. Caw-thorn, and was commenced by original attachment, which purported to be issued by Henry Bradley, clerk of said Circuit Court, on the 24th October, 1882, and to be founded on an affidavit made before him by the plaintiff’s agent. The defendant craved oyer of the attachment and affidavit, and pleaded in abatement, “ that the said affidavit was not administered by the said Henry Bradley, the clerk of said court, nor was the jurat thereto signed by him, but one B.…
1Opinion of the CourtSomebville, J.
— We are clearly of opinion, that there is nothing to be found in the provisions of the special act of the General Assembly, entitled “An act to regulate the holding of the Circuit Courts of Barbour county,” approved February 12, 1879, which dispenses with the necessity of an official oath being taken by the deputy circuit clerk, authorized to be appointed by that act. — Acts 1878-79. pp. 106,109. The general law provides, that deputy-clerks must take an official oath to support the constitution and laws of the State, before they proceed to act.' — -Code, 1876, §§ 161, 676, sub-div. 2. This…
2Cases cited9 opinions
- State v. CarrollSupreme Court of Connecticut · 1871
- The People of N.C. Ex Rel . Norfleet v. . Staton, Jr.Supreme Court of North Carolina · 1875
- Sheehan's CaseMassachusetts Supreme Judicial Court · 1877
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- Masterson v. MatthewsSupreme Court of Alabama · 1877
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3Cited by13 opinions
- Cary v. StateSupreme Court of Alabama · 1884
- Smith & Bondurant v. MeadorSupreme Court of Georgia · 1885
- Schloss v. HewlettSupreme Court of Alabama · 1886
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- Malone v. StateCourt of Criminal Appeals of Alabama · 1981
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