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2 Stew. 27

Johnson v. Howe's Admr's

Supreme Court of Alabama

Decided January 15, 1829

Supreme Court of Alabama · decided 1829-01-15

John Johnson brought an action of debt, in the Circuit Court of Lauderdale county, againstRichard M’Mahon, administrator, and Isabella Howe, administratrix of William Howe, deceased; to recover theamount of a judgmentwhich he liad obtained against Howe in his lifetime, in the Court of common pleas of Lancaster district in South Carolina.

Good law ✅— No negative treatment on recordhow we know

Decided 1829-01-15

How this case has been cited

Cited by 3 later decisions — most recently June 1869

3 state decisions

1018291830184018501860decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By CHIEF JUSTICE LIPSCOMB.

¶1The Judge sets-out in his certificate that he is an Associate Judge of the State, and presiding Judge of the Courts of Session and Common Pleas; but does not set out that he is presiding Judge of Lancaster District, where the judgment was rendered, , If the organization of the Courts of that State are such as to make each of the Judges the presiding Judge throughout the State, the certificate should have so stated it; otherwise we cannot be judicially advised of it. If the certificate had set out that he was presiding Judge for the district of Lancaster, or for the Courts of the State, it'would have come within the act of Congress. We believe there was no error in rejecting the evidence on this ground.

¶2There was another objection taken to the certificate of the Judge. He certifiesthattheClerk is Clirk of the Court, but does not certify that he was, at the date of the Clerk’s certificate. We are of opinion that it should be attested by the certificate of the presiding Judge, that the Clerk was Clerk at the date of his signature; more especially where the Judge’s certificate hears no date, or one different from that of the Clerk.

¶3J udgment affirmed. *

¶4 See the case of Huff v. Campbell, 1. Stewart’s Rep. 543. Also the case, of Buel v. Van Ness, 8 Wheaton, 320 321.

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