Moody v. Keener
Supreme Court of Alabama
Error to the Circuit court of Tuscaloosa. Motion to amend judgment, heard by P. Martin, J. This case was formerly before this court, and was reversed and remanded — (7 Porter, —.) A motion was then made in the court below, by the defendant in error, to amend the entry of judgment in the cause; nunc pro tunc, which motion was sustained by the court, and the verdict of the jury amended, and a judgment rendered thereon.
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Error to the Circuit court of Tuscaloosa. Motion to amend judgment, heard by P. Martin, J. This case was formerly before this court, and was reversed and remanded — (7 Porter, —.) A motion was then made in the court below, by the defendant in error, to amend the entry of judgment in the cause; nunc pro tunc, which motion was sustained by the court, and the verdict of the jury amended, and a judgment rendered thereon. A bill of exceptions was sealed, which discloses — That on the hearing of the cause, the judge’s docket for March term, eighteen hundred and thirty-seven, was exhibited, which,…
1Opinion of the CourtOrmond, J.
It is objected by the counsel for the plaintiff in error, that the effect of a judgment of this court, reversing and remanding a cause, is to direct a venire de novo to issue, and that no other order can be taken in the cause. When a judgment is reversed by this court, and the cause remanded to the court below, without particular directions how to proceed in the cause, the court below has the same power as to all questions arising in the cause, not expressly adjudicated by this court, that it had in the first instance. It is also supposed, that as the judgment was reversed for an error in…
2Cases cited2 opinions
- Fugua v. CarrielSupreme Court of Alabama · 1823
- Bohring v. RootIndiana Superior Court · 1871
3Cited by6 opinions
- Campbell v. BeyersSupreme Court of Alabama · 1914
- Garland v. DavisSupreme Court of the United States · 1846
- Ford v. Tinchant & BrotherSupreme Court of Alabama · 1873
- Gantt's Adm'r v. PhillipsSupreme Court of Alabama · 1853
- Metcalf v. MetcalfSupreme Court of Alabama · 1851
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