Quigley v. Campbell
Supreme Court of Alabama
Writ of Error to the Circuit Court of Mobile. Debt by Campbell & Cleveland against Mrs. Quigley. The declaration asserts that the plaintiffs, at the fall term, 1838, of the circuit court of Mobile county, recovered a judgment against the defendant, “ as administrator of all and singular, the goods and chattels, rights and credits, which were of William Quigley at his death and that afterwards, that is to say, “ at the fall term of said court, for the year 1838, it was…
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Writ of Error to the Circuit Court of Mobile. Debt by Campbell & Cleveland against Mrs. Quigley. The declaration asserts that the plaintiffs, at the fall term, 1838, of the circuit court of Mobile county, recovered a judgment against the defendant, “ as administrator of all and singular, the goods and chattels, rights and credits, which were of William Quigley at his death and that afterwards, that is to say, “ at the fall term of said court, for the year 1838, it was considered by the said court that the plaintiffs should have execution against the defendant, administratrix as aforesaid, to…
1Opinion of the CourtGoldthwaite, J.
1. We think the exception to the records attached to the transcript is well taken, and that the certificate of the clerk, being attached to the bill of excep*62tions, without the exhibits, there is nothing in the transcript to show these were the same referred to by the bill.
2. But understanding the counsel for the plaintiff in error as stating, he is surprised by the objection now taken, and that he considered the exhibits as certified by the general certificate, as well as vouching that these exhibits were the same as used at the trial, we think it a proper case for the allowance of a…
2Cases cited4 opinions
- Rowan v. JudgeSupreme Court of Alabama · 1838
- Oliver v. HearneSupreme Court of Alabama · 1842
- Yarborough's ex'r v. Scott's ex'rSupreme Court of Alabama · 1843
- Quigley v. CampbellSupreme Court of Alabama · 1843
3Cited by3 opinions
- Garlington v. JonesSupreme Court of Alabama · 1861
- Padgett v. Gulfport Fertilizer Co.Alabama Court of Appeals · 1914
- Strawbridge v. StateSupreme Court of Alabama · 1872