Salmon v. Salmon, 138

CourtAlabama Court of Appeals
Writing for the Court[13 Ala.App. 512] BROWN, J.
Citation69 So. 304,13 Ala.App. 510
PartiesSALMON et al. v. SALMON.
Docket Number138
Decision Date06 April 1915

69 So. 304

13 Ala.App. 510

SALMON et al.

No. 138

Court of Appeals of Alabama

April 6, 1915

Rehearing Denied May 11, 1915

Appeal from Circuit Court, Tallapoosa County; S.L. Brewer, Judge.

Action by A.J. Salmon against F.A. Salmon and others. From a judgment for plaintiff, defendants appeal. Affirmed. [69 So. 305]

[13 Ala.App. 511] J.W. Strother, of Dadeville, for appellants.

Bridges & Oliver, of Dadeville, for appellee.

[13 Ala.App. 512] BROWN, J.

Action by appellee against appellants on an injunction bond. The bond sued on is set out in the complaint in haec verba, and a breach thereof shown by a dissolution of the injunction and a failure of the obligors on the bond to pay the damages specifically claimed and alleged to have been sustained by the plaintiff as a result of suing out the injunction. The complaint was not subject to any of the objections urged in the demurrer, and it was properly overruled. Babcock v. Reeves, 149 Ala. 665, 43 So. 21; Persons v. Thornton, 86 Ala. 308, 5 So. 470; 13 Cyc. 178(2); Rosser v. Timberlake, 78 Ala. 162; Flournoy v. Lyon, 70 Ala. 308; Copeland v. Cunningham, 63 Ala. 394.

Records of the proceedings, judgments, and decrees of courts of record of this state are required to be kept, and when the final records are made up as constituting the judgment roll, this becomes the best evidence of the proceedings. 4 Wigmore, Ev. § 2450. And by statute (Code, § 3983) a duly authenticated copy of the record is made of equal dignity with the record as evidence of what the record shows. However, in the absence of a showing that the final record has been made up, the original files are the best evidence and are admissible. Williams v. State, 68 Ala. 551; Smith v. State, 103 Ala. 69; [d] Wharton v. Thomason, 78 Ala. 45; Duncan v. Freeman, 109 Ala. 188, 19 So. 433; 2 Wigmore Ev. § 1186; Clymer v. Cameron, 55 Miss. 593. The ruling of the trial court in admitting in evidence the original files and decrees in the chancery proceedings was well within this rule, and without error. Babcock v. Reeves, supra.

Damages occasioned by employment of counsel to render services in the Supreme Court on appeal, as well as those rendered in the trial court in relieving the [13 Ala.App. 513] plaintiff from the ban of the injunction, were recoverable, and the evidence tending to show the rendition of services in the Supreme Court was admissible. Jackson v. Millspaugh, 100 Ala. 285, 14 So. 44; Bush v. Kirkbride, 131 Ala. 405, 30 So. 780.

The appellants Lovelace and Young, however, insist that the evidence, without room for adverse inference, proves their special pleas A and C, and that the court erred in refusing charge 3 requested by them. The substance of these pleas is that Lovelace and Young did not sue out an injunction against the plaintiff, nor procure or cause...

To continue reading

Request your trial
10 cases
  • Adams Hardware Co. v. Wimbish
    • United States
    • Supreme Court of Alabama
    • 25 Abril 1918
    ......639, 48 So. 89; Wallis v. Rhea, 10 Ala. 451 (and citations to. first headnote); Ingles v. State, 13 Ala.App. 184,. 68 So. 583; Salmon v. Salmon, 13 Ala.App. 510, 69. So. 304; Stamps v. Thomas, 7 Ala.App. 622, 62 So. 314. . . In. regard to permitting the defendant to ......
  • Washburn-Bettis Co. v. Southern Surety Co., 1477
    • United States
    • United States State Supreme Court of Wyoming
    • 17 Julio 1928
    ......521; Harrigan v. Gilchrist, 99 N.W. 909; a plaintiff need not prove more. than is necessary to recover though more be alleged,. Salmon v. Salmon, 69 So. 304; Pigeon v. Co., 105 P. 976; Gallagher v. Gunn, 85 S.E. 930; Malkowski v. Olfs, 126 N.W. 199; Snyder v. Parmalee, 68 A. 649. ......
  • U.S. Fidelity & Guaranty Co. v. International Broth. of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local No. 612, 6 Div. 771
    • United States
    • Alabama Court of Appeals
    • 4 Octubre 1960
    ...the injunction was dissolved, and this in itself would entitle the plaintiff to recover at least nominal damages. See Salmon et al. v. Salmon, 13 Ala.App. 510, 69 So. 304. It is well settled by our cases that attorney's fees paid to procure the dissolution of an injunction are recoverable a......
  • Calvert v. State, 8 Div. 928.
    • United States
    • Alabama Court of Appeals
    • 12 Junio 1934
    ...... when the final records are made up as constituting the. judgment roll, this becomes the best evidence of the. proceedings." Salmon et al. v. Salmon, 13 Ala. App. 510, 69 So. 304, 305. And "the minute entry showing. the judgment constitutes the final record of the. judgment." ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT