Doswell v. Stewart
Supreme Court of Alabama
Writ of Error to the Circuit Court of Henry. This was an action of assumpsit on a promissory note at the suit of the defendant in error against the plaintiffs. It appears from the record that a judgment was recovered against the defendants below; and that subsequently all the papers and proceedings in the cause were destroyed by fire.
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Writ of Error to the Circuit Court of Henry. This was an action of assumpsit on a promissory note at the suit of the defendant in error against the plaintiffs. It appears from the record that a judgment was recovered against the defendants below; and that subsequently all the papers and proceedings in the cause were destroyed by fire. The writ, declaration and judgment have been substituted, professedly under the authority of a special act of the legislature, and the questions now presented arise out of the proceedings under that statute. The act of 1843, to establish lost records in Henry…
1Opinion of the CourtCollier, C. J.
It is objected by the appellants that one of the defendants below, Caven Freeman, was not served with notice as the statute of 1843 “ to establish lost records in Henry county” directs, and that the substituted judgment is for an amount different from that originally rendered.
There is indorsed on the notice an acknowledgment of service by the defendant referred to, dated previous to the time when it was delivered to the sheriff, and the return does not affirm that it was executed on the defendants generally. It was then necessary that its execution should have been proved.
The judgment entry…
2Cases cited1 opinion
- McLendon v. JonesSupreme Court of Alabama · 1845
3Cited by8 opinions
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- Taylor v. McElrathSupreme Court of Alabama · 1859
- Lilly v. LarkinSupreme Court of Alabama · 1880
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