Tyree v. Parham's
Supreme Court of Alabama
Appeal from the Circuit Court of Greene. Tried before the Hon. Luther B. Smith. This action was brought by Thomas T. Tyree, against William F. Parham, as the executor of the last will and testament of Francis Parham, deceased, and was commenced on the 10th September, 1875. The complaint contained three counts ; the first claiming $6,278.81, with interest, being the amount of a judgment which the plaintiff had paid as the surety of the defendant’s testator; the second…
Read the full summary
Appeal from the Circuit Court of Greene. Tried before the Hon. Luther B. Smith. This action was brought by Thomas T. Tyree, against William F. Parham, as the executor of the last will and testament of Francis Parham, deceased, and was commenced on the 10th September, 1875. The complaint contained three counts ; the first claiming $6,278.81, with interest, being the amount of a judgment which the plaintiff had paid as the surety of the defendant’s testator; the second claiming the same amount as due on an account stated ; and the third, the common count for money paid by plaintiff, on or about…
1Opinion of the CourtSomeryille, J.
The testimony of the witness George W. Parham, in which he was permitted to state to the jury, from a written memorandum, the date and amount of the judgment in favor of Moody, was objectionable only on the ground that it was secondary evidence, and carried on its face the indication that better evidence remained behind of the existence and contents of such record-. Aud while the judgment itself, or a copy properly certified by an authorized officer, one sworn to, or exemplified, was the only primary evidence, the admission of the secondary proof could work no possible injury to appellant, in…
2Cases cited7 opinions
- City Council of Montgomery v. Gilmer & TaylorSupreme Court of Alabama · 1858
- Stallworth v. PreslarSupreme Court of Alabama · 1859
- Miller v. HamptonSupreme Court of Alabama · 1861
- Gunn v. HowellSupreme Court of Alabama · 1859
- Ingersoll v. CampbellSupreme Court of Alabama · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- McPherson v. StateSupreme Court of Alabama · 1916
- Washington v. StateSupreme Court of Alabama · 1894
- Walker v. StateSupreme Court of Alabama · 1890
- Butler v. StateSupreme Court of Alabama · 1882
6 more not listed; retrieve them via the Exa API.