Kennedy v. Kennedy's Adm'r.
Supreme Court of Alabama
Writ of Error to the Circuit Court of Greene. The defendant in error declared against the plaintiffin assump-sit upon a promissory note made by the letter, on the 23d December, 1842, for the payment of $963 18, to the intestate on the 18th January next thereafter.
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Writ of Error to the Circuit Court of Greene. The defendant in error declared against the plaintiffin assump-sit upon a promissory note made by the letter, on the 23d December, 1842, for the payment of $963 18, to the intestate on the 18th January next thereafter. To this the defendant pleaded — 1. That the plaintiff below was not the administrator, &c. of Margaret Kennedy, “ at the time of bringing the said suit,” as alledged in his declaration. 2. That before the institution of the plaintiff’s action, to wit, on the 12th February, 1844, the defendant was duly appointed administrator, &c. of…
1Opinion of the CourtCollier, C. J.
In Hughes v. Harris, 2 Ala. Rep. 269, the proceedings and judgment of the Court of a sister State were certified by the clerk, and attested by the presiding Judge, and in form were such as were had in a Court of record; we held, that it would be intended, without further proof, that the Court rendering the judgment was a Court of record — there being no plea putting that fact in issue. Without stopping to inquire, whether the same intendment should be indulged in favor of the Probate Courts of Mississippi, we are satisfied, that the transcript -of the grant of administration to the plaintiff,…
2Cases cited3 opinions
- Childress v. ChildressSupreme Court of Alabama · 1842
- Jenks v. EdwardsSupreme Court of Alabama · 1844
- Hughes v. HarrisSupreme Court of Alabama · 1841
3Cited by3 opinions
- Broughton v. BradleySupreme Court of Alabama · 1859
- Mills & Co. v. StewartSupreme Court of Alabama · 1847
- Harrison v. MahornerSupreme Court of Alabama · 1848