Roach v. Privett
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. John B. Tally. This action was brought by Samuel lb Privett, against Luther R. Roach; was founded on a judgment for $118.76, alleged to have been rendered by the Supreme Court of Tennessee, on the 23d September, 1882, on appeal from the Circuit Court of Marion county; and was commenced on the 29th April, 1886. The defendant pleaded nul tiel record, nil delete set-off, and a special plea denying the jurisdiction…
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Appeal from the Circuit Court of Jackson. Tried before the Hon. John B. Tally. This action was brought by Samuel lb Privett, against Luther R. Roach; was founded on a judgment for $118.76, alleged to have been rendered by the Supreme Court of Tennessee, on the 23d September, 1882, on appeal from the Circuit Court of Marion county; and was commenced on the 29th April, 1886. The defendant pleaded nul tiel record, nil delete set-off, and a special plea denying the jurisdiction of the Circuit Court of Marion county to render judgment against him, because he had never been served with process, and…
1Opinion of the CourtMoOLELLAN, J.
The judgment sued on was rendered by the Supreme Court of Tennessee, on appeal from a Circuit Court of that State, and is not only an affirmance of the latter judgment, but is also in terms an original judgment in the appellate court, with order for execution out of that court, for the amount there adjudged to be due. In the absence of proof of any law in Tennessee to the contrary, we must intend, not only that the judgment of the appellate tribunal is in accordance with-the law of that State, but that it is the only judgment in force in the case in which it was rendered. Hassell v. Hamilton,…
2Cases cited8 opinions
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