Legal Opinion

Lucas v. Copeland

Supreme Court of Alabama

Decided July 15, 1829PublishedCited by 1 opinion

John Copeland instituted three suits of debt in the Circuit Court of Montgomery county, in 1825, to recover of Henry Lucas, on the records of three several judgments, which he had obtained against him in the Superior Court of Hancock county, in Georgia. The defendant pleaded a variety of defences.

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John Copeland instituted three suits of debt in the Circuit Court of Montgomery county, in 1825, to recover of Henry Lucas, on the records of three several judgments, which he had obtained against him in the Superior Court of Hancock county, in Georgia. The defendant pleaded a variety of defences. In each case a plea was filed, reciting “that the said supposed judgment and recovery was never legally obtained, but was entered of record in the said Superior Court of Hancock county, in the State of Georgia, to wit, in the county aforesaid, at the time in that behalf mentioned in the declaration…

1Opinion of the Court

By JUDGE SAFFOLD.

The only ground for reversal now insisted on, is, that there was error in either striking out the plea of fraud on motion, or sustaining'a demurrer to it. The obvious tendency and design of that plea was, unless it be regarded as a mere quibble in pleading, to deny the verity of the record in the'sister State; to admit its existence and apparent regularity, but deny its validit}'"; to admit the transcript of the record to be in the ordinary and legal form, that the attestation of the clerk, and the certificate of the presiding judge, were-genuine, and given in the form and…

2Cases cited1 opinion

  1. Biddle v. WilkinsSupreme Court of the United States · 1828

3Cited by1 opinion

  1. Mabry v. HerndonSupreme Court of Alabama · 1846

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