Dawsey v. Kirven
Supreme Court of Alabama
Appeal from.' Circuit Court, Montgomery County; Leon McCord, Judge. Action by Miriam N. Kirven against S. C. Dawsey and. others. Judgment for ifiaintiff, and defendants appeal. The certificate of a foreign notary must he authenticated by his seal. Ala. National Bank v. Chattanooga Door & Sash Co., 106' Ala. 663, 18 South. 74. Such a certificate must recite the seal. Wetmore v. Laird, 5 Biss. 160, Fed. Cas.
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Appeal from.' Circuit Court, Montgomery County; Leon McCord, Judge. Action by Miriam N. Kirven against S. C. Dawsey and. others. Judgment for ifiaintiff, and defendants appeal. The certificate of a foreign notary must he authenticated by his seal. Ala. National Bank v. Chattanooga Door & Sash Co., 106' Ala. 663, 18 South. 74. Such a certificate must recite the seal. Wetmore v. Laird, 5 Biss. 160, Fed. Cas. No. 17467. In other states the seal need not he recited In the body of the instrument. 25 Am. & Eng. Enc. of Law, 75 and 76. The rule is different in Alabama, North Carolina, and Virginia.…
1Opinion of the CourtMayfield, J.
This is an action by appellee, the holder of negotiable promissory notes, against appellants, the makers thereof.
Defendants pleaded the general issue and a special sworn plea denying plaintiff’s ownership of the notes. The case was tried by the court without a jury, and resulted in judgment for the plaintiff, from which judgment defendants prosecute this appeal.
The error assigned and most earnestly insisted upon to reverse the judgment is- the admission in evidence of a power of attorney purporting to have been executed by one Mrs. M. F. Clements to one F. D. Kirven, the husband of plaintiff,…
2Cases cited5 opinions
- Lake-side Land Co. v. DromgooleSupreme Court of Alabama · 1889
- Berney v. Steiner Bros.Supreme Court of Alabama · 1895
- Sawyer's Adm'r v. PattersonSupreme Court of Alabama · 1847
- Riggs v. Andrews & Co.Supreme Court of Alabama · 1845
- Carter, Dunbar & Co. v. Lehman, Durr & Co.Supreme Court of Alabama · 1890
3Cited by10 opinions
- Redwine v. JacksonSupreme Court of Alabama · 1950
- Mobile Towing & Wrecking Co. v. HartwellSupreme Court of Alabama · 1922
- Cooper v. CooperSupreme Court of Alabama · 1921
- American Standard Life Ins. Co. v. JohnsonSupreme Court of Alabama · 1935
- Autauga Co-Operative Leasing Ass'n v. WardSupreme Court of Alabama · 1948
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