Sartor v. Branch Bank at Montgomery
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. JOHN Gill ShoeteR. IN this case, a summary judgment was rendered, on notice and motion, in March, 1842, in favor of the Branch. Bank at Montgomery against William Moody and David Sartor; but the amount of damages, being the principal and interest due on a promissory note, was left blank in the judgment entry.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. JOHN Gill ShoeteR. IN this case, a summary judgment was rendered, on notice and motion, in March, 1842, in favor of the Branch. Bank at Montgomery against William Moody and David Sartor; but the amount of damages, being the principal and interest due on a promissory note, was left blank in the judgment entry. At tlie January term, 1855. the plaintiff moved the court to amend this judgment, nunc pro tunc, by inserting the amount of the damages, and changing the name of David Sartor to Daniel Sartor ; and in support of the…
1Opinion of the CourtWalker, J.
There can be no doubt that the amendment nunc pro tunc was properly allowed by the court below, unless the time intervening between the rendition of the judgment and the application for the amendment had the effect of barring it.
In 1824 there was adopted in this State a statute as follows : “ The circuit and county courts, respectively, shall and may, at any time within three years after final judgment, upon the application of either party, amend any clerical error, or misprision, in calculation of interest, or other mistake of a clerk, where there is sufficient matter apparent upon the…
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- Ex parte BanksSupreme Court of Alabama · 1856
- Collins & Co. v. Hyslop & SonSupreme Court of Alabama · 1847
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- Lee v. HoustonSupreme Court of Alabama · 1852
2 more not listed; retrieve them via the Exa API.
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