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Genealogical Gleanings From
Reports of Cases Determined in the
Supreme Court of Alabama, 1820-1826
Crawford & Hitchcock for plaintiff; Benson & Fitzpatrick, for defendant in error.
Four executions, at the suit of John Duncan, Jr., of Lambert & Bros., etc., etc., against Samuel Fee, were levied on property which Eades claimed. For the trial of the right of property, an issue was made up embracing the question as to all the executions; and from the record as presented there seems to have been a general verdict, finding that the property levied on belonged to Fee, and was subject to the executions, and giving ten per cent damages.
On the judgment rendered Eades prosecutes this writ of error, and now asks for a certiorari on ground that the verdict as returned applied to one of the cases only, and that the judge had ordered it to be so modified to all the executions.
The verdict is no part of the record until made so by the court. To sustain the allegation the record must be impeached by matter extraneous. Admitting the fact as stated by the counsel for the plaintiff in error, it shows not a diminution, but an amplification of the records.
The motion is denied.
Judge Crenshaw was sitting.
Source: Henry Minor, Reporter, Reports of Cases Determined in the Supreme Court of Alabama From May, 1820, to July, 1826 (Atlanta: 1891), pp. 389-390.
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