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62 Ala. 418

Adams v. Olive

Supreme Court of Alabama

Decided December 15, 1878

Supreme Court of Alabama · decided 1878-12-15

Tried before Hon. Henry D. Clayton. The appellee, James Olive, brought this action against the appellant, Harmon Adams, and the sureties on a bond given by him to secure an injunction in a cause then pending between them in the Chancery Court of Henry county. On the trial, he offered in evidence a certified copy of the decree of the Chancellor dissolving the injunction, which had been granted on the execution of the bond.

Relies on Jemison & Sloan v. Dearing's Executors · Smith v. McGehee · Locke v. Winston

Good law ✅— No negative treatment on recordhow we know

Decided 1878-12-15

How this case has been cited

Cited by 3 later decisions — most recently April 1913

3 state decisions

1018781880189019001910decided

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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BRICKELL, C. J.

¶1The only objection made to the introduction of the exemplification of the decree of the Chancellor dissolving the injunction, was, that it was but a part of the record, or as it is expressed in the bill of exceptions, a fragment of the whole record of the Chancery Court. The only fact to be ascertained in the present case, was the existence of that decree. On its rendition, the condition of the bond was broken, subjecting the obligors to liability for such damages as any person had sustained by the wrongful suing out of the injunction. — Code of 1876, §§ 3869-71. A party relying upon a former decree, as an adjudication upon the subject matter, must produce the whole record of the proceedings, that the court may be able to construe the decree in the light of all the proceedings on which it is founded. Smith v. McGehee, 14 Ala. 404; 1 Greenl. Ev. § 511. But when the only matter to be ascertained is the existence of the judgment or decree, an exemplification of it is of itself sufficient without proof of the other proceedings. Locke v. Winston, 10 Ala. 849; 1 Greenl. Ev. § 511. The objection was therefore properly overruled.

¶2The parol evidence of the contents of the bill and answer was unnecessary and superfluous, and its introduction, if erroneous, does not authorize a reversal. Fant v. Cathcart, 8 Ala. 725; Jemison v. Dearing, 41 Ala. 283.

¶3It was permissible to prove by parol the identity of the decree. — 2 Whart. Ev. § 988,

¶4Affirmed.

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